LIBRARY  OF  THE 

UNIVERSITY  OF  ILLINOIS 

AT  URBANA-CHAMPAIGN 


ILUK6IS  HISTORICAL  SURVEY 


Illinois  and  the  Nation 

A  PRACTICAL  TREATISE  ON  STATE  AND  NATIONAL  CIVICS 

335 
By  OLIVER  R.  TROWBRIDGE 

Member  of  the  Bloomington  Bar 


Edited  by 

GILBERT  P.  RANDLE 

Superintendent  of  Schools 

Danville,  Illinois 


A.    FLANAGAN    COMPANY,    CHICAGO 


COPYRIGHT  1887,  1889,  1912,  1915  BY  OLIVER  R.  TROWBRIDGF. 


PREFACE 

The  State  of  Illinois  expends  many  millions  of  dollars 
annually  for  educational  purposes  in  order  that  her 
schools  may  prepare  their  pupils  for  good  citizenship. 
In  these  days  it  is  not  enough  that  our  youths  become 
honest,  industrious,  and  law-abiding  citizens.  They  must 
be  educated  in  the  elementary  principles  and  practical 
workings  of  our  republican  form  of  government.  Igno- 
rance in  regard  to  these  matters  is  far  too  prevalent 
among  our  people.  New  questions,  such  as  concern  the 
civil  service,  direct  legislation,  proportional  representa- 
tion, and  kindred  subjects  constantly  rise  and  must  be 
met  in  a  practical  way.  Unless  the  people  understand 
the  present  machinery  of  our  government,  they  can 
judge  neither  of  its  merits  and  demerits,  nor  of  those  of 
any  proposed  alteration. 

This  book  was  written  in  the  hope  of  promoting  the 
stucty  of  the  governments  of  Illinois  and  the  nation,  and 
of  hastening  the  time  when  Civil  Government,  or  Civics, 
should  be  added  to  the  list  of  required  studies  for  our 
common  schools.  This  hope,  first  expressed  by  the 
author  in  1887,  has  been  realized  in  the  amendment  to 
our  school  laws  in  1905  making  Civics  and  the  History 
of  Illinois  common  school  studies. 

OLIVER  R.  TROWBRIDGE 


EDITOR'S   PREFACE 

It  is  not  without  some  hesitation  that  I  have  tinder- 
taken  the  revision  of  this  deservedly  popular  work.  For 
more  than  two  decades  Illinois  and  the  Nation  has  been 
the  most  helpful  as  well  as  the  most  widely  read  text  on 
Civil  Government  offered  to  the  schools  of  Illinois. 
Since  the  book  was  first  issued  there  have  been  many 
changes  in  legislation,  but  Mr.  Trowbridge  has  always 
kept  his  work  thoroughly  revised. 

While  the  great  principles  of  government  remain 
unchanged,  the  adoption  of  the  sixteenth  and  seven- 
teenth amendments  to  the  national  Constitution,  together 
with  such  marked  changes  in  our  state  government  as 
the  establishment  of  the  Board  of  Administration,  the 
Public  Utilities  Commission,  and  the  State  Highway 
Commission,  and  the  passage  of  the  Woman's  Suffrage 
.Act,  have  called  for  another  complete  revision.  In  this 
revision  practically  all  of  Mr.  Trowbridge's  excellent 
work  has  been  retained.  The  editor  cannot  hope  that  all 
errors  have  been  avoided.  He  will  be  grateful  for  any 
information  which  will  assist  in  correcting  any  error  of 
statement. 

GILBERT  P.   RANDLE 


SUGGESTIONS  TO  TEACHERS 

In  the  words  of  thevJkithor,  "Unless  the  people 
understand  the  present  machinery  of  our  government, 
they  can  judge  neither  of  its  merits  nor  demerits,  nor  of 
those  of  any  proposed  alteration."  The  author  has  so 
organized  his  subject  matter  that  the  teacher  has  ready 
at  hand  an  abundance  of  material  for  the  acquiring  of 
knowledge  as  to  the  machinery  of  government — local, 
state,  and  national.  So  far  as  possible  the  author  has 
gone  into  the  theory  of  government.  The  teacher  is  a 
necessary  supplement  to  any  text-book.  Perhaps  no 
teacher  will  want  to  use  all  the  material  here  offered. 
Certainly  no  one  will  want  to  have  all  matter  of  detail 
memorized.  The  teacher  must  decide  what  portions  of  the 
book  are  most  necessary  for  her  use.  To  assist  in  mak- 
ing this  decision  the  book  has  been  divided  into  Part 
One — containing  the  material  most  likely  to  be  used  in 
all  of  the  schools;  and  Part  Two — containing  supple- 
mentary material  for  reading  or  further  study;  and  the 
Appendix — containing  the  Constitution  of  Illinois  and 
the  Constitution  of  the  United  States. 

Throughout  Part  One  questions  for  study,  outlines 
and  tables  have  been  placed.  These  are  a  necessary 
means — not  an  end. 

Try  to  bring  this  study  home  to  the  pupil  by  giving 
him  questions  to  look  up  outside  of  the  class — such  as 
"Who  is  the  mayor?  By  whom  elected?  For  how  long? 
If  he  is  not  a  good  official  how  does  that  affect  you?" 

vit 


viii  ILLINOIS  AND  THE  NATION 

Go  through  the  form  of  holding  a  Presidential  election, 
a  meeting  of  the  city  council,  and  a  nominating  con- 
vention. 

Above  all,  remember  the  pupil  likes  a  subject  which  is 
definitely  presented  to  him.  Some  teachers  are  afraid 
to  assign  work  which  requires  a  definite  statement  of 
fact  for  the  answer.  Do  not  make  this  mistake.  When 
a  pupil  has  made  a  topical  recitation  follow  this  by  sim- 
ple direct  questions  to  test  not  only  what  he  knows,  but 
how  he  knows  it  and  what  use  he  can  make  of  this 
knowledge.  Remember  that  every  subject  has  its  own 
vocabulary  and  that  a  pupil  never  becomes  proficient  in 
a  subject  until  the  peculiar  vocabulary  of  that  subject  is 
at  his  command.  Have  pupils  keep  lists  of  the  new 
words  or  words  used  in  new  meanings,  and  frequently 
review  these  words  by  using  them  in  short,  pointed  sen- 
tences until  their  use  becomes  easy.  For  illustration : 
executive,  ex  post  facto,  enactment,  habeas  corpus,  enact- 
ing clause,  jurisdiction,  electoral,  etc. 

After  a  chapter  has  been  studied,  test  for  the  main 
facts  by  using  a  series  of  questions  which  may  be 
answered  by  a  single  word  or  phrase — as: 

1.  What  official  is  the  chief  executive  of  the  state? 

2.  Who  presides  over  the  House  of  Representatives? 

3.  How  many  senatorial  districts  are  there  in  Illinois? 

4.  In  what  congressional  district  do  you  live? 

Frequently  review  in  this  way,  being  careful  to 
change  the  form  and  order  of  your  questions. 


CONTENTS 

PART  ONE 

PAGE 

HISTORICAL  SKETCH i 

CHAPTER 

I.     THE  TOWNSHIP  SURVEY  SYSTEM 4 

II.    STATE  GOVERNMENT 13 

III.  THE  DIVISIONS  OF  THE  STATE 49 

IV.  COUNTY  GOVERNMENT 54 

V.    TOWN   GOVERNMENT 66 

VI.    CITY  AND  VILLAGE  GOVERNMENT 79 

VII.     COMMISSION  FORM  OF  MUNICIPAL  GOVERNMENT    ...  84 

VIII.    PUBLIC  SCHOOL  SYSTEM go 

IX.    MISCELLANEOUS 108 

X.     NATIONAL  GOVERNMENT  116 


PART  TWO 

FOR  ADDITIONAL  READING  OR  STUDY 181-214 

State  Educational  Institutions — State  Charitable  Institutions 
— Illinois  Central  Railroad — Illinois  and  Michigan  Canal — 
State  Boards  and  Commissions — State  Officers  Appointed  by 
the  Governor — The  Constitutional  Convention — Table  of 
Electoral  Districts — Maps. 

APPENDIX 

CONSTITUTION  OF  ILLINOIS 217 

CONSTITUTION  OF  THE  UNITED  STATES ,  .262 


ILLUSTRATIONS 

PAGE 

THE  STATE  CAPITOL,  SPRINGFIELD Frontispiece 

THE  SENATE  CHAMBER,  SPRINGFIELD 14 

THE  ASSEMBLY  CHAMBER,  SPRINGFIELD 28 

ILLINOIS  SUPREME  COURT  BUILDING,  SPRINGFIELD 42 

ILLINOIS  STATE  NORMAL  UNIVERSITY,   NORMAL 92 

EASTERN  ILLINOIS  STATE  NORMAL  SCHOOL,  CHARLESTON    .    .    .  100 

NORTHERN  ILLINOIS  STATE  NORMAL  SCHOOL,  DE  KALB  .    .    .    .  108 

THE  UNITED  STATES  CAPITOL,  WASHINGTON,  D.  C 126 

THE  WHITE  HOUSE,  WASHINGTON.  D.  C 146 

THE  UNITED  STATES  TREASURY,  WASHINGTON,  D.  C    .    .    .    .  160 

How   A   BILL   BECOMES   A   LAW    .    .    .   -.  180 


MAPS 

ILLINOIS — County   Boundaries  and   Population,   1910    ....  211 

ILLINOIS — Congressional    Districts 212 

ILLINOIS — Senatorial   Districts 213 

ILLINOIS — Judicial    Circuits 214 


ILLINOIS  AND  THE  NATION 


ILLINOIS  AND  THE  NATION 

PART  ONE 


CIVIL  GOVERNMENT  OF  ILLINOIS 

HISTORICAL  SKETCH 

Northwest  Territory.  At  the  close  of  the  Revolution- 
ary War,  nearly  every  state  claimed  that  its  western 
boundary  was  the  Mississippi  River.  But  very  soon  New 
York,  Virginia,  Connecticut,  and  Massachusetts  gave 
that  part  of  their  territory  lying  north  of  the  Ohio  River 
and  west  of  Pennsylvania  to  the  United  States  to  assist 
in  paying  the  debt  incurred  by  the  Revolution. 

In  1787,  Congress  formed  the  territory  received  from 
these  states  into  the  Northwest  Territory,  and  after  sur- 
veying it,  sold  it  as  public  land. 

When  did  the  Revolutionary  War  close?  What 
states  reserved  a  part  of  their  western  territory?  What 
were  the  reserved  territories,  and  what  were  they  called  ? 

Indiana  Territory.  In  1800,  the  Northwest  Territory 
was  divided,  and  Indiana  Territory  was  formed  of  the 
western  part.  It  included  all  the  Northwest  Territory 
except  the  present  State  of  Ohio  and  a  small  part  of 
Indiana  and  of  Michigan. 

Illinois  Territory.  In  1809,  Indiana  and  Michigan 
territory  having  been  taken  out,  the  remainder  was 
called  the  Illinois  Territory.  It  included  Illinois,  Wis- 
consin, and  part  of  Minnesota. 

i 


2  ILLINOIS  AND  THE  NATION 

State  of  Illinois.  In  1818,  Illinois  was  admitted  as  a 
state. 

Capitals.  Illinois  has  had  three  capitals.  The  first, 
Kaskaskia ;  the  second,  Vandalia ;  the  third,  Springfield. 
Locate  each. 

Constitutions.  Illinois  has  had  three  constitutions 
also.  The  first  was  adopted  in  1818,  the  second  in  1848, 
and  the  third  in  1870.  The  last  one  forms  the  basis  of 
our  study. 

Boundary.  The  constitutional  or  legal  boundary  of 
a  state  may  differ  from  its  geographical  boundary.  Let 
us  take  a  journey  together,  following  the  legal  boundary 
line  of  Illinois. 

Starting  at  the  point  where  parallel  of  latitude  42 
degrees  30  minutes  N.  crosses  the  middle  of  the  Missis- 
sippi River,  we  follow  this  parallel  eastward  until  it 
intersects  the  meridian  which  marks  the  middle  of  Lake 
Michigan;  then  south  on  this  meridian  until  we  reach 
the  northern  boundary  of  Indiana,  which  we  follow  west- 
ward until  we  come  to  the  meridian  passing  through 
Vincennes,  Indiana ;  we  then  go  south  on  this  meridian 
until  we  come  to  the  middle  of  the  Wabash  River;  we 
follow  the  middle  of  this  river  until  we  come  to  its  junc- 
tion with  the  Ohio  River,  at  which  place  we  are  obliged 
to  change  to  the  northwest  bank  of  the  latter,  which  we 
follow  down  stream  to  the  Mississippi  River;  then,  fol- 
lowing the  middle  of  the  "Father  of  Waters,"  we  com- 
plete our  journey  by  ascending  to  the  point  of  starting. 

Trace  this  journey  on  a  map. 

When  countries  or  states  are  separated  by  lakes  or 
navigable  rivers,  the  middle  of  the  lake  or  stream  is 
usually  the  boundary  line. 

The  Northwest  Territory  had  for  its  southern  bound- 
ary the  northern  side  of  the  Ohio  River  at  low  water 


HISTORICAL  SKETCH  3 

mark,  and  the  states  formed  from  it  all  have  the  same 
for  their  southern  boundaries. 

Rapidly  sketch  an  outline  map  of  the  old  Northwest 
Territory.  Bound  that  territory.  What  states  have  been 
formed  from  it? 


CHAPTER  I 

THE  TOWNSHIP  SURVEY  SYSTEM 
How  LAND  Is  DIVIDED 

Need  of  a  Survey  System.  In  order  that  we  may 
understand  what  is  to  follow,  we  must  now  learn  about 
the  township  system  of  land  surveys  in  the  United  States. 

Prior  to  1786  the  land  surveys  were  by  no  means  uni- 
form. In  that  year  Congress  adopted  a  new  system  of 
which  Thomas  Jefferson  is  said  to  have  been  the  author. 

A  good  system  of  surveys  must  divide  the  land  into 
tracts  of  convenient  shape  and  size,  and  must  briefly  and 
accurately  designate  each  tract,  however  small.  Let  us 
first  learn  how  the  land  is  divided ;  second,  how  described. 

Principal  Meridian.  The  surveyors  begin  by  estab- 
lishing a  north  and  south  line  which  passes  through  some 
prominent  and  convenient  point.  Of  course  the  line  is  a 
meridian  of  the  earth's  surface,  and  since  the  surveyors 
use  it  as  their  principal  north  and  south  line,  it  is  called 
a  principal  meridian. 

Base  Line.  A  line  which  crosses  the  principal  me- 
ridian at  right  angles  at  some  convenient  point  is  then 
established,  and  is  called  a  base  line. 

Township  Lines.  Meridians  six  miles  apart  on  each 
side  of  the  principal  meridian,  and  parallels  six  miles 
apart  on  each  side  of  the  base  line  are  then  established. 
These  are  called  township  lines. 

4 


THE  TOWNSHIP  SURVEY  SYSTEM 


Congressional  Townships.  The  squares  inclosed  by 
the  township  lines  are  called^congressional  townships,  o 

We  need  not  stop  for  all  the  particulars  of  the  survey. 
By  consulting  the  following  diagram,  we  can  understand 
the  main  features  of  the  system : 


M 


M 


DIAGRAM   I 


The  heavy  vertical  line  marked  P  M  represents'  a  part 
of  a  principal  meridian.  It  is  crossed  at  right  angles  by 
a  heavy  line  marked  B  L  representing  a  part  of  its  base 
line.  The  light  vertical  lines  which  cross  the  base  line, 
and  the  light  lines  parallel  to  the  base  line  represent 
township  lines;  the  squares  inclosed  represent  congres- 
sional townships. 


G 


ILLINOIS  AND  THE  NATION 


Sections  and  Section  Lines.  Each  township  is  divided 
into  sections,  each  one  mile  square.  They  are  represented 
in  Diagram  II.  The  lines  bounding  sections  are  called 
section  lines. 

Division  of  Sections.  Each  section  is  divided  into 
halves,  quarters,  eighths,  and  sixteenths.  The  surveyors 
that  mark  the  township  do  not  survey  the  section 

Each  section  contains  approximately  640  acres.  Since 
its  east  and  west  boundaries  are  meridians  it  is  evident 
that  on  account  of  the  convergence  of  these  meridians 
as  they  approach  the  poles,  a  section  is  not  a  perfect 
square.  Hence  it  frequently  does  not  contain  exactly 
640  acres. 


6 

5 

4 

3 

2 

1 

7 

8 

9 

10 

11 

12 

18 

17 

16 

15 

14 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 

DIAGRAM  II 

How  many  acres  in  each  subdivision  of  a  section? 
How  many  acres  in  a  township?  What  is  meant  by  the 
"convergence  of  meridians"?  See  your  geography. 

Correction  Lines.  It  will  also  be  seen  that  the  me- 
ridians which  bound  the  townships  are  six  miles  apart 
only  at  the  base  line. 

Since  north  of  the  base  line  the  meridians  approach 
each  other,  if  no  corrections  were  made,  the  townships 
would  become  smaller  and  smaller  the  farther  they  were 


THE  TOWNSHIP  SURVEY  SYSTEM 


from  the  base  line.  To  remedy  this  in  this  latitude,  cor- 
rection lines  are  established  every  twenty-four  miles 
north  of  the  base  line,  and  every  thirty  miles  south  of  it. 

Double  Corners.  The  convergence  north,  or  diverg- 
ence south  of  the  base  line  is  taken  up  on  the  correction 
lines,  and  the  townships  start  again  with  their  proper 
width.  Both  township  and  section  lines  have  double 
corners  at  the  correction  lines.  They  are  called  closing 
corners  and  standard  corners. 

Which  are  the  closing  corners  ?  Which  the  standard  ? 
Why  are  the  correction  lines  farther  apart  south  of  the 
base  line  than  north  of  it?  Why  do  the  meridians  "jog" 
in  opposite  directions  on  opposite  sides  of  the  principal 
meridian? 


DIAGRAM  III 

Guide  Meridians.  Every  fifty-four  miles  east  and 
west  of  the  principal  meridian  a  new  meridian  is  estab- 
lished, and  is  called  a  guide  meridian.  Can  you  deter- 
mine from  Diagram  I  why  it  is  established? 

The  loss  in  width  from  convergence  at  any  correction 
line  near  latitude  42  degrees  N.  is  about  twelve  rods  for 
each  township.  Therefore  the  "jog"  of  the  first  township 
line  east  or  west  of  the  principal  meridian  is  about  twelve 


8  ILLINOIS  AND  THE  NATION 

rods;  the  second  township  line,  twenty-four  rods;  the 
third,  thirty-six,  etc.  The  "jog"  at  the  ninth  township, 
or  fifty-fourth  section  line,  is  about  one  hundred  and 
eight  rods.  Diagram  I  will  show  how  the  guide  meridian 
is  used  in  correcting  the  survey.  Neither  guide  meridians 
nor  correction  lines  were  used  in  the  early  surveys. 

Location  of  Principal  Meridians.  The  First  Principal 
Meridian  forms  the  boundary  between  Ohio  and  Indiana. 
The  Second  Principal  Meridian  begins  on  the  Ohio  River 
at  the  mouth  of  Little  Blue  Creek  and  extends  north 
through  the  central  part  of  Indiana.  The  Third  Prin- 
cipal Meridian  extends  north  from  the  mouth  of  the 
Ohio  River  through  the  central  part  of  Illinois.  Its  base 
line  crosses  it  at  the  northwest  corner  of  Jefferson  County 
and  is  the  continuation  of  the  base  line  of  the  Second 
Principal  Meridian.  The  Fourth  Principal  Meridian 
begins  at  the  mouth  of  the  Illinois  River  and  extends 
north  to  Lake  Superior.  Its  base  line  crosses  it  at 
Beardstown.  Two  other  principal  meridians,  the  Fifth 
and  Sixth,  are  numbered.  They  are  both  west  of  the 
Mississippi  River.  The  other  principal  meridians  are 
named,  not  numbered. 

How  LAND  Is  DESCRIBED 

Basis  of  Description.  In  order  accurately  to  locate  a 
place,  its  position  must  be  described  with  reference  to  two 
lines  that  intersect  at  right  angles. 

Locate  a  few  places  on  the  earth's  surface  by  giving 
their  latitude  and  longitude.  What  two  lines  are  used  in 
locating  each?  Locate  the  desk  of  one  of  the  pupils. 
Suppose  it  is  the  fifth  desk  in  the  third  row  from  the  left 
side  of  the  room,  what  two  lines  are  used  in  locating  it? 

Townships.  In  the  first  place  the  townships  are  num- 
bered in  order  north  and  south  of  the  base  line.  Thus  the 


THE  TOWNSHIP  SURVEY  SYSTEM  9 

township  marked  *  in  Diagram  I  is  called  Township  1 
North;  the  one  marked  f  is  Township  3  South.  But 
these  descriptions  are  not  sufficiently  accurate,  as  all 
townships  east  and  west  of  these  two  are  numbered  just 
as  they  are  with  reference  to  the  base  line. 

Ranges.  With  reference  to  the  principal  meridian  the 
townships  are  not  numbered  separately  east  and  west, 
but  are  considered  in  rows,  or  ranges,  as  they  are  called, 
All  townships  immediately  east  of  the  principal  meridian 
are  in  Range  1  East ;  the  townships  immediately  east  of 
these  are  in  Range  2  East,  etc. 

The  township  marked  *  in  Dnagram  I  is  completely 
described  as  Township  1  North,  of  Range  4  East  of  the 
given  principal  meridian ;  the  township  marked  f,  as 
Township  3  South,  of  Range  4  West  of  the  given  prin- 
cipal meridian. 

Study  the  diagram  until  you  can  describe  accurately 
any  township  or  locate  it  when  its  description  is  given. 

Survey  of  Illinois.  Illinois  is  surveyed  partly  from 
the  Second,  partly  from  the  Third,  and  partly  from  the 
Fourth  Principal  Meridian. 

South  of  the  middle  of  Kankakee  County  the  ranges 
are  numbered  east  from  the  Third  Principal  Meridian  to 
Range  XI ;  north  of  this  line  they  are  numbered  east  to 
the  state  line.  The  ranges  number  west  from  this  me- 
ridian to  the  Mississippi  and  Illinois  rivers,  except  those 
numbered  from  the  Fourth  Principal  Meridian.  The 
ranges  in  Illinois  east  of  Range  XI  are  numbered  west 
from  the  Second  Principal  Meridian.  Range  XI  East  is 
a  range  of  fractional  townships. 

That  part  of  Illinois  lying  west  of  the  Illinois  River 
and  west  of  that  part  of  the  Third  Principal  Meridian 
which  is  north  of  the  Illinois  River,  is  surveyed  from  the 
Fourth  Principal  Meridian. 


10  ILLINOIS  AND  THE  NATION 

No  school  in  the  state  should  be  without  a  map  of 
Illinois  showing  the  counties,  principal  meridians,  base 
lines,  ranges,  lines,  townships,  and  the  manner  in  which 
they  are  numbered.  Any  Chicago  dealer  in  school  sup- 
plies can  furnish  such  a  map,  mounted  for  wall  use,  for 
from  one  to  two  dollars. 

Sections.  The  sections  of  a  township  are  numbered 
from  east  to  west  and  from  west  to  east  alternately, 
beginning  at  the  northeast  corner  of  the  township.  A 
careful  study  of  the  second  diagram  will  make  this  clear. 
Be  able  to  reproduce  this  diagram,  as  well  as  the  others, 
from  memory. 

School  Sections.  Instead  of  selling  all  the  sections  of 
a  township  as  public  land,  the  United  States  government 
set  apart  Section  16  for  the  maintenance  of  public 
schools.  Since  1852,  Sections  16  and  36  have  been  given 
for  school  purposes.  Such  sections  are  usually  called 
"school  sections."  In  Illinois  each  township  has  but  one 
school  section. 

Divisions  of  Sections.  Assume  the  section  repre- 
sented by  Diagram  III  to  be  Section  Ten  in  Township  6 
North,  of  Range  3  West  of  the  principal  meridian.  Then 
the  half-section  shown  is  described  as  'the  north  one-half 
of  Section  Ten  in  Township  6  North,  of  Range  3  West  of 
the  Third  Principal  Meridian,  containing  320  acres  more 
or  less;"  the  quarter  section,  as  "the  southeast  quarter 
of  Section  Ten,"  etc. ;  the  one-eighth,  as  "the  north  half 
of  the  southwest  quarter  of  Section  Ten,"  etc. ;  the  one- 
sixteenth,  marked  *,  as  "the  southeast  quarter  of  the 
southwest  quarter  of  Section  Ten,"  etc. 

Give  a  full  description  of  each  subdivision  of  the  sec- 
tion represented  in  the  following  diagram. 

Abbreviations  Used  in  Describing  Land.  Descrip- 
tions may  be  abbreviated.  Thus  the  tract  marked  *  may 


THE  TOWNSHIP  SURVEY  SYSTEM 


11 


be  described  as  N.  E.  y4  of  the  N.  W.  */*,  Sec.  10,  T.  6  N., 
R.  3  E.  of  the  3d  P.  M.  Write  the  abbreviations  for 
each  of  the  divisions  given  below: 


DIAGRAM  IV 

In  tax  receipts,  delinquent  tax  lists,  etc.,  the  descrip- 
tions are  still  further  abbreviated.  The  only  fractions 
used  in  the  descriptions  are  one-half  and  one-fourth, 
Since  one-fourth  occurs  much  more  frequently  than  one- 
half,  the  writing  of  the  former  is  omitted,  being  under- 
stood when  no  fraction  is  given.  The  full  description  is 
still  further  abbreviated  by  omitting  all  punctuation 
marks ;  and  in  printed  lists,  small  letters  are  used  instead 
of  capitals.  Thus  the  tract  marked  *  is  described  as 
"ne  nw" ;  the  tract  marked  f,  as  "vfl/2  se." 

In  this  way  describe  all  the  tracts  given  and  be  able  to 
locate  any  tract  from  such  description.  Examine  some 
real  estate  tax  receipts  and,  if  possible,  a  delinquent  tax 
list  as  published  in  the  county  papers. 

It  is  important  that  the  words  principal  meridian, 
base  line,  correction  line,  etc.,  have  a  very  definite  mean- 
ing to  the  pupil. 


12  ILLINOIS  AND  THE  NATION 


QUESTIONS  AND  TOPICS  FOR  STUDY 

i.  (a)  What  is  meant  by  principal  meridian?  (b)  By  base 
line?  2..  Tell  how  a  township  is  divided  into  sections  and  how 
the  sections  are  numbered.  3.  (a)  How  many  principal  merid- 
ians are  there  ?  (b)  Are  they  all  numbered  ?  4.  Is  it  necessary 
for  the  exact  description  of  land  that  the  state  and  county  be 
given?  5.  (a)  Draw  a  line  to  represent  a  principal  meridian, 
and  a  parallel  to  represent  a  base  line,  and  then  indicate  location 
of  your  own  township,  (b)  Locate  other  townships  of  your 
county. 


CHAPTER  II 
STATE  GOVERNMENT 

Three  Departments.  As  in  the  nation,  so  in  the  state, 
there  are  three  departments  of  government:  The  legis- 
lative, executive,  and  judicial.  The  first  makes  the  laws, 
the  second  executes  the  laws,  the  third  interprets  the 
laws  and  decides  disputes  arising  under  them. 

The  three  departments,  however,  are  not  entirely 
distinct.  The  governor,  an  executive  officer,  has  the 
power  to  veto  all  laws  passed  by  the  legislature.  The 
legislature  has  judicial  power  in  cases  of  impeachment 
and  executive  power  in  confirming  appointments  made 
by  the  governor.  The  judiciary  have  a  form  of  executive 
power  in  compelling  men  to  obey  the  laws  and  officers 
to  perform  their  duties,  as  in  cases  of  mandamus. 

LEGISLATIVE  DEPARTMENT 

The  State  Legislature.  The  law  making  body  of 
Illinois  is  the  General  Assembly,  which  consists  of  two 
Houses :  The  Senate,  or  "Upper  House,"  and  the  House 
of  Representatives,  or  "Lower  House."  The  General 
Assembly  is  commonly  known  as  the  "legislature." 

How  Designated.  The  different  General  Assemblies 
are  designated  by  number,  as  the  First  General  Assem- 
bly, the  Thirty-eighth  General  Assembly,  etc.  Each 

13 


14  ILLINOIS  AND  THE  NATION 

General  Assembly  lasts  two  years,  and  in  that  time  holds 
but  one  regular  session.  What  is  the  number  of  the 
present  General  Assembly?  Has  it  held  its  regular 
session  ? 

Time  and  Place  of  Meeting.  The  General  Assembly 
holds  its  regular  session  at  Springfield  every  two  years, 
the  sessions  commencing  at  twelve  o'clock  noon  on  the 
Wednesday  next  after  the  first  Monday  of  January  of 
the  odd  numbered  years. 

Senatorial  Districts.  Every  ten  years,  at  the  first  ses- 
sion after  the  taking  of  the  census,  the  General  Assembly 
divides  the  state  into  fifty-one  senatorial  districts.  These 
districts  must  contain  as  nearly  as  practicable  the  same 
number  of  inhabitants,  must  be  formed  of  contiguous  and 
compact  territory,  and  be  bounded  by  county  lines.  But 
a  county  containing  not  less  than  one  and  three-fourths 
of  the  senatorial  ratio  may  be  divided  into  separate  dis- 
tricts according  to  the  number  of  times  it  contains  the 
ratio.  No  district  can  contain  less  than  four-fifths  of 
the  senatorial  ratio.  The  senatorial  ratio  is  found  by 
•dividing  the  number  expressing  the  population  -of  the 
state  by  fifty-one. 

The  districts  are  numbered  from  one  to  fifty-one.  In 
what  district  do  you  live? 

Number  of  Senators  and  Representatives.  One  Sen- 
ator and  three  Representatives  are  elected  from  each 
senatorial  district.  How  many  members  are  there  in 
each  house? 

Election  of  Members.  Members  of  the  General  As- 
sembly are  elected  on  the  Tuesday  next  after  the  first 
Monday  of  November  of  the  even  numbered  years.  At 
every  election  all  of  the  members  of  the  next  Lower 
House  are  elected,  and  half  the  members  of  the  next 
Senate,  the  Senators  from  the  even  numbered  districts 


STATE  GOVERNMENT  '  15 

being  chosen  at  one  election,  and  those  from  the  odd 
numbered  at  the  next.  Because  half  of  its  members 
"hold  over"  at  each  session,  the  Senate  is  sometimes 
called  the  "permanent"  house  of  the  General  Assembly. 
Were  the  Senators  chosen  at  the  last  election  from  the 
odd  or  even  numbered  districts? 

Vacancies.  When  a  vacancy  occurs  in  either  house, 
if  the  legislature  is  in  session,  or  if  there  will  be  a  session 
before  the  next  regular  election  of  members  to  the  Gen- 
eral Assembly,  the  Governor  orders  a  special  election  in 
the  district  affected  to  fill  the  vacancy.  If  the  vacancy 
does  not  occur  under  these  conditions  it  is  not  filled  until 
the  next  regular  election. 

Minority  Representation.  There  are  three  members 
of  the  Lower  House  elected  at  the  same  time  in  every 
senatorial  district.  Every  voter  has  the  right  to  vote 
for  the  three  men,  giving  each  one  vote;  for  two  men, 
giving  to  each  one  and  a  half  votes;  or  for  one  man, 
giving  him  three  votes.  A  voter  may  also  give  two  votes 
to  one  man  and  one  to  another,  or  distribute  his  votes  in 
two  or  three  other  ways,  but  he  is  not  likely  to  do  so. 
By  this  plan  the  party  in  the  minority  can  usually  elect 
one  man  by  having  but  one  candidate  and  giving  him  all 
the  votes.  How  large  must  the  minority  be  to  elect  one 
man? 

Usually  the  party  in  the  majority  nominates  two  can- 
didates, and  the  one  in  the  minority  nominates  one 
candidate.  In  this  case  a  nomination  is  equivalent  to  an 
election  unless  a  second  minority  party  develops  unex- 
pected strength  in  voting  for  a  single  candidate.  When 
two  parties  are  nearly  equally  strong  each  one  may  nom- 
inate two  candidates.  In  this  case,  the  friends  of  one 
candidate  will  give  three  votes  for  their  favorite,  instead 
of  one  and  a  half  for  each  candidate  on  the  ticket.  This 


16  '  ILLINOIS  AND  THE  NATION 

is  called  "plumping,"  and  may  sacrifice  party  to  personal 
interests. 

In  1870,  by  a  special  vote,  the  section  of  the  Consti- 
tution relating  to  minority  representation  was  adopted. 
What  are  its  advantages?  Its  disadvantages?  Do  you 
know  of  any  other  state  that  has  minority  representation? 

Term  of  Members.  The  members  of  the  Lower  House 
are  elected  for  two  years,  and  those  of  the  Upper  House 
for  four  years. 

Eligibility  of  Members.  Senators  must  be  twenty- 
five,  and  Representatives  twenty-one  years  of  age.  Both 
must  be  citizens  of  the  United  States,  residents  of  the 
state  five  years,  and  of  their  respective  districts  the  two 
years  preceding  their  election. 

Neither  Senators  nor  Representatives  can  hold  any 
office  under  the  state,  the  United  States,  or  any  foreign 
government,  excepting  appointments  in  the  militia,  and 
the  offices  of  notary  public  and  justice  of  the  peace. 

No  person  can  be  a  Senator  or  Representative  after  he 
has  been  convicted  of  bribery,  perjury,  or  other  infamous 
crime,  or  after  he  has  failed  to  account  for  and  pay  over 
all  public  moneys  collected  or  held  by  him  at  any  time. 
The  laws  of  Illinois  name  the  crimes  which  are  "infa- 
mous" in  this  state. 

What  is  bribery?    What  is  perjury? 

Oath  of  Members.  In  addition  to  the  usual  oath  of 
office,  every  Senator  or  Representative  is  required  to 
swear  (or  affirm)  that  he  has  not  paid  anything,  or  made 
any  promise  in  the  nature  of  a  bribe,  to  influence  any 
vote  at  the  time  of  his  election ;  and  that  he  has  not 
received,  and  will  not  accept,  anything  from  any  cor- 
poration or  person  for  any  vote  or  influence  he  may  give 
or  withhold  on  any  bill,  resolution,  or  appropriation,  or 
for  any  official  act. 


STATE  GOVERNMENT  17 

The  oath  is  subscribed  by  each  member,  and  is  filed  in 
the  office  of  the  Secretary  of  State.  If  any  member 
should  refuse  to  take  the  oath  as  prescribed  by  the  Con- 
stitution, he  would  forfeit  his  office. 

What  is  it  to  subscribe  an  oath? 

Privileges  of  Members.  Senators  and  Representa- 
tives are  privileged  from  arrest  in  all  cases  except  trea- 
son, felony,  or  breach  of  the  peace,  during  the  session  of 
the  General  Assembly,  and  in  going  to  and  returning 
from  it. 

Treason  is  defined  in  the  third  article  of  the  Constitu- 
tion of  the  United  States.  (See  appendix.) 

In  Illinois  a  felony  is  an  offense  punishable  with  death 
or  with  imprisonment  in  a  penitentiary. 

What  is  a  breach  of  the  peace? 

No  member  of  either  house  can  be  called  to  account 
at  any  other  place  for  any  speech  or  debate  made  in  the 
house  to  which  he  is  elected.  This  gives  freedom  of 
speech.  A  similar  provision  is  found  in  the  national 
Constitution. 

Disabilities  of  Members.  No  Senator  or  Representa- 
tive can  be  appointed  by  the  Governor,  with  or  without 
the  consent  of  the  Senate,  to  any  civil  office  within  the 
state  during  the  term  for  which  he  is  elected. 

Members  of  the  General  Assembly  cannot  be  inter- 
ested in  any  contract  with  the  state,  or  with  any  county, 
which  is  authorized  by  any  law  passed  while  they  are 
members,  or  for  one  year  after  their  terms  have  expired. 

What  reasons  can  you  give  for  these  disabilities? 

Salary  of  Members.  Members  of  the  General  Assem- 
bly elected  in  1908,  or  thereafter,  receive  for  their  services 
$1,000  per  annum,  payable  annually,  and  ten  cents  for 
each  mile  necessarily  traveled  in  going  to,  and  returning 
from,  Springfield.  The  mileage  is  computed  by  the 


18  ILLINOIS  AND  THE  NATION 

auditor  of  public  accounts.  Fifty  dollars  per  session  is 
allowed  each  member  for  stationery,  postage,  newspa- 
pers, and  other  incidental  expenses.  Both  the  pay  and 
the  mileage  allowed  each  member  are  certified  to  by  the 
presiding  officer  of  his  house,  and,  having  been  entered 
upon  the  journal,  are  published  at  the  close  of  the 
session. 

The  pay  of  members  can  be  changed,  but  not  for  those 
elected  for  the  term  in  which  the  change  is  made. 

Quorum.  A  majority  of  the  members  elected  to  each 
house  constitutes  a  quorum. 

What  is  a  quorum? 

Rules.  Each  house  determines  the  rules  of  its  own 
proceedings. 

When  the  legislature  meets,  one  of  the  first  things 
that  demands  the  attention  of  each  house  is  the  rules 
that  are  to  govern  its  proceedings.  Usually  upon  motion 
of  some  member,  the  rules  of  the  last  Senate  or  House, 
as  the  case  may  be,  are  adopted  temporarily,  and  a  com- 
mittee on  permanent  rules  is  appointed.  This  committee 
soon  reports,  giving  the  proposed  rules  in  detail.  The 
rules  as  reported  by  the  committee  are  discussed,  perhaps 
amended,  and  adopted.  Some  book  on  parliamentary 
practice,  as  Cushing's  Manual  or  Roberts'  Rules  of  Order, 
is  then  adopted  as  authority  in  all  questions  not  touched 
upon  by  the  rules  adopted. 

Membership.  Each  house  is  the  judge  of  the  elec- 
tions, qualifications,  and  returns  of  its  own  members. 

It  sometimes  happens  that  two  men  claim  election  as 
Senator,  or  four  as  Representatives,  from  the  same  dis- 
trict. In  such  cases  those  having  the  proper  certificates 
of  election  signed  by  the  Governor  are  usually  seated 
until  the  proper  house  can  investigate  the  matter  and 
decide  between  the  contestants.  The  houses  are  not 


STATE  GOVERNMENT  19 

always  impartial  judges  in  cases  of  contested  elections 
of  their  respective  members,  sometimes  permitting  poli- 
tics to  influence  their  vote.  But  it  is  thought  that  no 
other  body  should  decide  these  cases. 

Certificates  of  election  are  called  "credentials." 

After  every  election  for  members  of  the  General 
Assembly,  all  county  clerks  make  abstracts  of  the  elec- 
tion in  their  respective  counties,  showing  the  number  of 
votes  received  by  each  candidate.  The  abstracts  are 
called  the  "returns"  of  the  election,  and  may  be  ques- 
tioned as  to  their  genuineness  or  accuracy. 

The  Secretary  of  State,  Auditor,  Treasurer,  Attorney- 
General,  or  any  two  of  them,  in  the  presence  of  the 
Governor,  examine  and  count  all  the  returns,  and  publish 
the  result  of  the  election. 

Officers,  How  Chosen.  Each  house  chooses  its  own 
officers. 

Officers  of  the  House.  The  usual  officers  of  the 
House  are  speaker,  clerk  and  three  assistants,  door- 
keeper and  three  assistants,  postmaster  and  one  assist- 
ant, enrolling  and  engrossing  clerk  and  two  assistants. 
The  speaker  is  a  member  of  the  House. 

Officers  of  the  Senate.  The  usual  officers  of  the 
Senate  are  president,  president  pro  tempore,  secretary 
and  two  assistants,  sergeant  at  arms,  postmaster  and  one 
assistant. 

Speaker.  It  is  the  duty  of  the  speaker  to  preside  over 
the  House,  to  sign  all  bills  passed  by  the  House,  to 
appoint  the  standing  committees  and  most  of  the  special 
committees. 

Committees.  There  are  about  forty-five  standing 
committees  of  the  House,  each  consisting  of  from  three 
to  twenty-five,  or  more,  members.  Usually  a  majority  of 
each  committee  are  members  of  the  same  political  party 


20  ILLINOIS  AND  THE  NATION 

as  the  speaker.  The  chairman  of  the  committee  is  named 
in  the  appointment. 

All  measures  concerning  the  state's  finances  are  re- 
ferred to  the  Committee  on  Finance.  It  examines  them 
separately,  and  reports  on  them  to  the  House.  In  the 
same  way,  measures  concerning  matters  of  education  are 
referred  to  the  Committee  on  Education.  Every  bill  is 
considered  by  its  appropriate  committee.  Only  slight 
changes  to  the  reports  of  committees  are  usually  made 
by  the  legislature,  so  the  committees  practically  control 
the  legislature.  For  this  reason  chairmanships  of  impor- 
tant committees  are  much  sought  after  by  the  friends  of 
the  speaker. 

President  of  the  Senate.  The  duties  of  the  president 
of  the  Senate  are  about  the  same  as  those  of  the  speaker. 
He  is  elected  by  the  people  under  the  title  of  Lieutenant- 
Governor,  and  is  not  a  member  of  the  Senate.  He  has  no 
vote,  except  when  the  Senate  is  evenly  divided.  The 
speaker  is  always  a  member  of  the  House,  and,  as  such, 
has  a  vote  on  all  questions.  Many  people  think  that  if  a 
member  of  a  body  is  chosen  chairman  he  has  no  vote 
except  in  case  of  a  tie.  This  is  a  mistake.  If  the  chair- 
man be  a  member  of  the  body  over  which  he  presides, 
his  right  to  vote  on  any  question  is  just  the  same  as 
though  he  were  not  chairman. 

President  Pro  Tempore.  The  president  pro  tempore 
is  a  member  of  the  Senate  who  is  chosen  to  preside  in 
the  absence  of  the  president;  he  does  not  lose  his  right 
to  vote. 

Clerk  and  Secretary.  The  clerk  of  the  House  and  the 
secretary  of  the  Senate  perform  similar  duties  for  their 
respective  houses.  They  read  the  proceedings  of  the  pre- 
vious day,  call  the  roll,  read  bills,  resolutions,  and  keep  a 
record  of  the  proceedings  from  day  to  day.  The  clerk 


STATE  GOVERNMENT  21 

is  required  to  furnish  the  state  printer  with  an  exact  copy 
of  each  day's  proceedings,  so  that  a  copy  of  the  proceed- 
ings of  the  preceding  day  may  be  placed  upon  the  desk 
of  each  member  every  morning. 

Doorkeeper  and  Sergeant  at  Arms.  The  doorkeeper 
of  the  House  and  the  sergeant  at  arms  of  the  Senate 
serve  the  processes,  execute  the  orders  of  their  respective 
houses,  maintain  order  among  the  spectators,  and  pre- 
vent the  interruption  of  business.  They  may  arrest,  with 
or  without  a  warrant,  any  person  guilty  of  any  breach  of 
the  peace  or  crime  in  or  about  the  State  House  and  its 
grounds. 

The  doorkeeper  of  the  House  announces  the  secretary 
of  the  Senate  and  the  private  secretary  of  the  Governor 
when  they  wish  to  deliver  communications  and  mes- 
sages; he  also  announces  the  Senate  when  that  body  is 
to  convene  with  the  House  in  joint  session. 

Enrolling  and  Engrossing  Clerk.  This  officer  prop- 
erly engrosses  all  bills  and  resolutions  when  ordered  to 
do  so  by  the  House.  When  a  bill  originates  in  the 
House  and  is  passed  by  both  the  House  and  the  Senate, 
he  enrolls  it  before  it  is  laid  before  the  Governor  for  his 
approval. 

Postmasters.  The  postmasters  receive  the  mail  for 
the  members  of  their  respective  houses  from  the  govern- 
ment postoffice  and  distribute  it  into  the  boxes  of  the 
members  at  the  postoffice  of  the  General  Assembly. 

Other  Officers.  Sometimes  the  House  has  a  reading 
clerk,  and  the  Senate  a  bill  clerk,  whose  .duties  may  be 
inferred  from  their  titles.  The  president  and  speaker 
have  each  a  private  secretary. 

Employees.  Besides  the  officers,  there  are  several 
employees.  There  are  about  twenty  clerks  of  commit- 
tees ;  also  a  number  of  policemen  and  pages.  The  pages 


22  ILLINOIS  AND  THE  NATION 

are  boys  who  wait  upon  the  members,  and  carry  mes- 
sages for  the  speaker  and  president.  Sometimes  girls 
serve  as  pages.  Each  house  may  employ  a  chaplain. 

Organization  of  the  House.  The  Secretary  of  State 
calls  the  House  of  Representatives  to  order  at  the  open- 
ing of  each  new  General  Assembly,  and  presides  until  a 
temporary  speaker  has  been  chosen  and  has  taken  his 
seat.  Since  none  of  the  Representatives  hold  over  from 
the  last  session,  no  one  of  the  members  present  is  author- 
ized to  call  the  House  to  order. 

Immediately  after  the  House  is  called  to  order  by  the 
Secretary  of  State,  prayer  is  offered,  and  the  roll  of  the 
House  is  called.  The  House  then  proceeds  to  elect  a 
temporary  speaker  and  other  temporary  officers.  After 
the  members  have  "taken  the  oath  of  office,  they  decide 
what  officers  and  employees  the  House  shall  have,  and 
proceed  to  elect  the  former.  The  employees  are  nearly 
all  appointed  by  the  speaker  after  his  election. 

Expulsion  of  Members.  No  member  can  be  expelled 
from  either  house  except  by  a  vote  of  two-thirds  of  all 
the  members  elected  to  that  house,  and  no  member  can 
be  twice  expelled  for  the  same  offense.  Members  are 
expelled  only  for  the  most  serious  offenses. 

How  many  votes  are  necessary  to  expel  a  Senator? 
A  Representative? 

If  a  member  should  be  expelled,  and  his  constituents 
should  return  him,  he  could  not  be  expelled  a  second  time 
for  the  same  offense. 

Contempt.  Each  house  may  punish  by  imprisonment 
any  person,  not  a  member,  for  disrespect  to  the  house,  or 
for  disorderly  or  contemptuous  behavior  in  its  presence. 
But  no  person  can  be  imprisoned  more  than  twenty-four 
hours  at  one  time,  except  for  persisting  in  his  objection- 
able conduct. 


STATE  GOVERNMENT  23 

Open  Doors.  The  doors  of  each  house,  and  of  com- 
mittees of  the  whole,  must  be  kept  open  except  in  cases 
when,  in  the  opinion  of  that  house,  secrecy  is  required. 

Can  you  think  of  a  case  that  would  require  secrecy  in 
either  house? 

Committee  of  the  Whole.  Sometimes,  instead  of  re- 
ferring the  matter  to  a  committee,  the  whole  house  forms 
itself  into  a  "committee  of  the  whole,"  and  takes  up  the 
matter  as  a  committee.  When  through  with  the  subject, 
it  reports  to  the  house. 

When  a  legislative  body  goes  into  a  committee  of  the 
whole,  the  regular  chairman  takes  his  place  among  the 
members,  and  some  one  else  is  appointed  chairman  of 
the  committee.  When  the  committee  rises  to  report,  the 
regular  chairman  takes  his  place  again,  and  receives  the 
report  of  the  committee  through  its  chairman. 

Adjournment.  Neither  house  can,  without  the  con- 
sent of  the  other,  adjourn  for  more  than  two  days  or  to 
any  other  place  than  that  in  which  the  two  houses  are 
sitting. 

It  sometimes  happens  that  one  house  is  largely  of  one 
party  and  the  other  house  of  another.  In  such  cases 
either  house  could  delay  and  defeat  ,the  measures  of  the 
other  by  adjournments,  were  these  not  restricted. 

Journals.  Each  house  keeps  a  journal  of  its  proceed- 
ings, which  is  published  for  distribution.  Did  you  ever 
see  a  copy  of  the  journal  of  either  house?  Get  one  and 
examine  it.  The  Secretary  of  State  will  send  these 
journals  by  express,  but  may  not  pay  the  express 
charges.  Your  county  clerk  may  be  able  to  supply  you 
with  a  copy. 

Yeas  and  Nays.  In  the  Senate,  at  the  request  of  two 
members,  and  in  the  House,  at  the  request  of  five  mem- 
bers, the  yeas  and  nays  are  taken  on  any  question  and  are 


24  ILLINOIS  AND  THE  NATION 

entered  upon  the  journal.  The  clerk  calls  the  roll  of  the 
house,  every  member  votes  yea  or  nay  on  the  question, 
and  his  vote  is  recorded  and  published  in  the  journal. 
What  are  the  advantages  of  this? 

Protest  of  Members.  If  any  two  members  of  either 
hou&e  wish  to  protest  against  or  dissent  from  any  action 
or  vote  they  think  injurious  to  the  public  or  to  any 
person,  they  are  at  liberty  to  do  so  in  respectful  language, 
and  have  their  reasons  entered  upon  the  journal. 

Style  of  Bills.  All  laws  of  this  state  begin  as  follows : 
Be  it  enacted  by  the  people  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly.  This  is  called  the  "enact- 
ing clause."  Without  this  a  law  would  be  void. 

Where  Bills  May  Originate.  Bills  may  originate  in 
either  house,  but  may  be  changed  or  rejected  by  the 
other. 

Final  Passage  of  Bills.  On  the  final  passage  of  all 
bills  the  votes  are  taken  by  yeas  and  nays  and  entered 
upon  the  journal. 

Bills  Voted  upon  Separately.  The  final  vote  is  taken 
upon  each  bill  separately. 

Vote  Necessary.  No  bill  becomes  a  law  unless  it  re- 
ceives the  vote  of  a  majority  of  all  the  members  elected 
to  each  house.  How  many  votes  must  a  bill  receive  in 
the  Senate?  In  the  House? 

Three  Readings  Necessary.  Every  bill  must  be  read 
at  large  on  three  different  days  in  each  house. 

Bills  Must  Be  Printed.  Every  bill  and  all  its  amend- 
ments must  be  printed  before  the  last  vote  is  taken  upon 
it.  The  printed  bills  are  distributed  among  the  mem- 
bers, a  copy  of  each  bill  being  placed  in  the  postoffice  box 
of  every  member.  No  member  can  explain  away  or 
excuse  his  vote  by  saying  he  did  not  know  exactly  what 
the  bill  was  about 


STATE  GOVERNMENT  25 

Signatures  Necessary.  After  it  has  passed  both 
houses  a  bill  must  be  signed  by  the  president  of  the  Sen- 
ate and  by  the  speaker  before  it  is  presented  to  the 
Governor. 

Only  One  Subject.  No  act  can  embrace  more  than 
one  subject,  and  that  must  be  expressed  in  its  title.  If 
any  bill  embraces  a  subject  which  is  not  expressed  in  its 
title,  the  part  relating  to  this  subject  is  void,  but  the 
remainder  of  the  bill  remains  in  force. 

When  there  was  no  limitation  to  the  number  of  sub- 
jects that  might  be  included  in  any  bill,  it  was  a  common 
practice  to  put  several  subjects  into  one  bill  and  then 
force  members  to  vote  for  the  objectionable  parts  in 
order  to  secure  the  passage  of  the  rest  of  the  bill. 

Every  bill  has  a  title,  thus:  "An  act  to  establish  and 
maintain  a  system  of  free  schools."  "An  act  to  revive  the 
law  in  relation  to  township  organisation." 

Laws  Revived  or  Amended.  No  law  can  be  revived 
or  amended  by  reference  to  its  title  only ;  the  act  revived 
or  amended  must  be  given  in  full  in  the  new  act.  It  is 
easy  to  see  that  all  these  conditions  tend  to  prevent 
careless  and  evil  legislation. 

What  is  it  to  repeal  a  law?  To  revive  a  law?  To 
amend  a  law? 

When  Laws  Take  Effect.  An  act  of  the  General 
Assembly  takes  effect  upon  the  first  day  of  July  next 
after  its  passage,  unless  in  case  of  emergency.  In  such 
a  case  the  act  must  receive  a  two-thirds  vote  of  all  the 
members  elected  to  each  house,  and  must  have  the  emer- 
gency stated  in  some  part  oT  the  act.  The  "emergency 
clause,"  as  it  is  called,  is  usually  at  the  end  of  the  act, 
and  reads  as  follows:  "Whereas  an  emergency  exists 
(sometimes  the  emergency  is  stated),  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage." 


26  ILLINOIS  AND  THE  NATION 

As  a  rule,  laws  should  not  take  effect  for  some  time 
after  their  passage,  in  order  that  the  people  may  learn  of 
them,  and  adjust  themselves  and  their  affairs  to  the  new 
conditions. 

The  Governor's  Veto.  When  a  bill  is  passed  by  both 
houses,  it  is  sent  to  the  Governor  for  his  signature.  If  he 
wishes  the  bill  to  become  a  law,  he  signs  it,  and  so  makes 
it  a  law.  But  if  he  does  not  wish  it  to  become  a  law, 
he  does  not  sign  it,  but  sends  it  back  to  the  house  in 
which  it  originated.  With  it  he  sends  his  objections, 
which  are  written  in  the  journal  of  this  house,  and  the 
bill  is  again  taken  up.  This  time,  in  order  to  pass,  it 
must  receive  the  vote  of  two-thirds  of  the  members 
elected.  If  it  receives  this  vote  in  the  house  to  which 
it  is  returned,  it  is  sent,  together  with  the  objections  of 
the  Governor,  to  the  other  house.  A  vote  of  two-thirds 
of  the  members  elected  to  this  house  makes  it  a  law 
without  the  signature  of  the  Governor.  In  all  such  cases 
the  vote  of  each  house  must  be  by  yeas  and  nays,  and 
be  entered  upon  the  journal. 

If  the  Governor  does  not  return  a  bill  within  ten  days 
(Sundays  not  counted)  after  it  is  sent  to  him,  it  becomes 
a  law  just  as  if  he  had  signed  it,  unless  the  legislature 
adjourns  before  the  ten  days  are  up,  and  so  prevents  its 
return.  In  this  case,  if  the  Governor  does  not  want  the 
bill  to  become  a  law,  he  can  prevent  it  by  sending  his 
objections  to  the  office  of  the  Secretary  of  State  within 
ten  days  after  the  legislature  adjourns. 

When  the  Governor  neither  signs  a  bill  nor  returns  it 
with  his  objections  within  ten  days,  it  is  called  a  "pocket 
veto." 

Try  to  give  a  reason  for  each  provision  regarding  the 
Governor's  veto.  This  will  help  you  to  understand  the 
matter. 


STATE  GOVERNMENT  27 

In  the  case  of  the  veto  power,  the  Governor,  who  is 
an  executive  officer,  has  something  to  do  with  the  law- 
making  power.  His  veto  power  is  intended  to  act  as  a 
check  upon  the  legislature. 

The  word  veto  means  "I  forbid."  The  message  con- 
taining the  Governor's  objections  to  a  bill  is  called  a 
"veto  message." 

Special  Laws  Prohibited.  The  General  Assembly  can- 
not pass  a  special  law,  or  a  law  relating  to  some  particu- 
lar case  when  a  general  law  will  apply. 

Under  the  first  two  Constitutions  of  Illinois,  special 
laws  were  allowed  except  in  two  or  three  cases,  and  at 
some  sessions  they  formed  the  bulk  of  the  laws  enacted. 
The  session  laws  of  1857  contain  302  pages  of  public 
laws,  and  1,450  pages  of  private  laws.  It  must  be  kept 
in  mind  that  laws  upon  these  subjects  are  not  prohibited, 
but  that  the  laws  must  be  general. 

Why  should  special  legislation  be  prohibited  in  each 
of  the  following  cases? 

Changing  County  Seats.  The  General  Assembly  can- 
not locate  or  change  county  seats  by  special  laws. 

Since  the  county  seat  is  the  place  where  the  business 
of  the  county  is  transacted,  the  people  of  the  respective 
counties  locate  and  change  their  county  seats.  The  ques- 
tion is  voted  upon  after  due  notice  has  been  given.  A 
special  election  is  held  when  the  question  of  a  change 
of  county  seat  is  voted  upon.  Why  hold  an  election  for 
this  purpose  only? 

Special  Charters  Prohibited.  The  legislature  cannot 
now  give  special  charters  to  cities  and  villages;  neither 
can  it  amend  nor  change  any  charter  already  given. 

Since  1870  all  cities  and  villages  have  been  incorpo- 
rated under  a  general  law,  but  before  that  time  most 
cities  were  incorporated  by  special  laws  known  as  the 


28  ILLINOIS  AND  THE  NATION 

"charters"  of  the  respective  cities.  If  the  people  of  a  city 
are  dissatisfied  with  their  charter  they  cannot  have"  it 
amended,  but  may  vote  to  give  it  up  and  then  organize 
under  the  general  law. 

Rate  of  Interest.  No  special  law  can  be  passed  regu- 
lating the  rate  of  interest  on  money.  No  person  or  cor- 
poration can  charge  a  higher  rate  of  interest  than  that 
authorized  by  the  general  law.  What  is  now  the  highest 
authorized  rate? 

Fees  of  Officers.  The  General  Assembly  cannot 
create  or  change  the  fees  of  any  public  officer  during  the 
term  for  which  he  is  elected. 

Special  Privileges  and  Immunities.  No  special  or 
exclusive  privilege  or  immunity  can  be  granted  to  any 
person  or  corporation. 

A  privilege  implies  the  liberty  to  do  something;  an 
immunity  implies  exemption  from  some  duty,  tax,  or 
obligation. 

Release  of  Indebtedness.  The  General  Assembly  has 
no  power  to  release  any  person  or  corporation  from 
indebtedness  to  the  state  or  to  any  municipal  corpora- 
tion within  the  state. 

Special  laws  are  prohibited  in  several  other  cases,  as 
may  be  found  by  referring  to  the  Constitution.  The 
above  cases  have  been  chosen  because  they  relate  more 
especially  to  the  other  subjects  of  our  study. 

Public  Moneys  and  Appropriations.  The  General 
Assembly  can  make  no  appropriation  of  money  out  of 
the  treasury  in  a  private  law. 

Bills  making  appropriations  for  the  pay  of  members 
and  officers  of  the  General  Assembly,  and  for  the  salaries 
of  the  officers  of  the  state  government,  must  not  contain 
provisions  on  any.  other  subject.  Were  it  not  for  this 
provision,  members,  in  order  to  vote  for  the  pay  of 


STATE  GOVERNMENT  29 

themselves  and  others,  might  be  obliged  to  vote  for  some 
objectionable  provision.  Such  a  provision  in  an  appro- 
priation bill  is  called  a  "rider." 

No  money  can  be  drawn  from  the  treasury  unless  it 
has  been  appropriated  for  the  purpose  for  which  it  is 
drawn. 

The  Treasurer  is  forbidden  to  pay  out  any  money 
except  on  an  order  issued  by  the  State  Auditor.  This 
order  is  called  the  "auditor's  warrant." 

When  money  has  been  appropriated  for  any  given 
purpose,  or  belongs  to  any  particular  fund,  it  cannot  be 
drawn  or  used  for  any  other  purpose. 

Within  sixty  days  after  the  adjournment  of  each  ses- 
sion of  the  General  Assembly,  the  Auditor  must  publish 
an  itemized  statement  of  all  money  expended  at  that 
session. 

Each  General  Assembly  provides  for  the  appropria- 
tion necessary  for  all  the  expenses  of  state  government 
for  the  next  two  years,  or  until  the  end  of  the  first  fiscal 
quarter  after  the  adjournment  of  the  next  regular  session. 
The  aggregate  amount  appropriated  cannot  be  increased 
except  by  a  vote  of  two-thirds  of  the  members  elected 
to  each  house,  and  in  no  case  can  it  exceed  the  amount 
of  revenue  authorized  by  law  to  be  raised  within  the  two 
years. 

All  appropriations,  general  or  special,  end  with  the 
first  fiscal  quarter  after  the  adjournment  of  the  next 
regular  session.  The  fiscal  year  ends  September  30. 

State  Indebtedness  Limited.  The  state,  in  order  to 
meet  accidental  deficits  or  failures  in  revenue,  may  con- 
tract debts  which  can  never  exceed  in  the  aggregate 
$250,000.  All  moneys  thus  borrowed  must  be  applied 
to  the  purpose  for  which  they  were  obtained,  and  to  no 
other  purpose. 


30  ILLINOIS  AND  THE  NATION 

No  other  debts,  except  for  the  purpose  of  repelling 
invasion,  suppressing  insurrection,  or  defending  the  state 
in  war,  can  be  contracted  unless  by  a  vote  of  the  people. 

Illinois  is  now  virtually  out  of  debt. 

Extra  Pay  Prohibited.  The  General  Assembly  can- 
not grant  extra  pay  or  allowance  to  any  officer,  agent, 
servant  or  contractor,  after  service  has  been  rendered, 
or  contract  made.  However,  appropriations  may  be 
made  for  expenses  incurred  in  repelling  invasion,  or 
suppressing  insurrection. 

Loan  of  Credit  Prohibited.  The  state  can  never  pay 
or  become  responsible  for  the  debts  of  any  person  or 
corporation,  nor  can  it  in  any  manner  give  or  loan  its 
credit  to  any  such  person  or  corporation. 

Officers  Liable  to  Impeachment.  The  Governor  and 
all  civil  officers  of  the  state  are  liable  to  impeachment 
for  any  misdemeanor  in  office. 

It  is  easy  to  see  that  an  officer  may  commit  an  offense 
for  which  he  is  responsible  to  the  state  as  its  servant, 
and  to  the  civil  authorities  as  a  citizen. 

Thus,  habitual  drunkenness  on  the  part  of  an  officer 
would  unfit  him  for  the  duties  of  his  office,  and  make 
him  subject  to  impeachment  and  removal  from  office. 
He  might  also  be  fined  for  drunkenness. 

Power  of  Impeachment.  The  House  has  the  sole 
power  of  impeachment.  Its  action  in  such  cases  is  sim- 
ilar to  that  of  a  grand  jury  in  a  criminal  case,  and  the 
charges  which  it  prefers  are  similar  to  an  indictment. 
The  House  hears  the  evidence  against  an  officer,  and, 
if  a  majority  of  all  its  members  so  vote,  the  officer  is 
impeached. 

Trial  of  Impeachment.  All  cases  of  impeachment  are 
tried  by  the  Senate. 

When  an  officer  has  been  impeached  by  the  House, 


STATE  GOVERNMENT  gl 

the  Senate  hears  the  evidence  for  and  against  him,  and 
if  two- thirds  of  the  Senators  elected  so  vote,  he  is  con- 
victed of  the  charge  or  charges  against  him.  When 
trying  cases  of  impeachment,  the  Senators  are  under 
oath,  or  affirmation,  to  do  justice  according  to  law  and 
evidence.  The  Senate  in  this  case  acts  as  a  jury. 

Punishment.  The  punishment  in  cases  of  impeach- 
ment can  only  extend  as  far  as  removal  from  office  and 
disqualification  to  hold  any  office  of  trust  or  profit  in  the 
state.  After  impeachment  and  conviction  as  an  officer, 
a  man  is  still  liable  to  trial  and  conviction  in  the  courts 
as  a  citizen. 

Trial  of  Governor.  When  the  Governor  is  tried,  the 
Chief  Justice  of  the  state  presides  instead  of  the  Lieuten- 
ant-Governor.  This  is  the  case  because,  if  the  Governor 
should  be  convicted  and  removed  from  office,  the  Lieuten- 
ant-Governor  would  become  Governor;  he  thus  might 
be  interested  in  the  result  of  the  trial. 

State  Contracts.  All  fuel,  stationery,  and  printing 
paper,  furnished  for  the  use  of  the  state,  and  all  printing 
and  binding  ordered  by  the  General  Assembly  must  be 
let  by  contract  to  the  lowest  responsible  bidder.  No 
member  of  the  General  Assembly,  or  other  state  officer, 
can  be  interested  directly  or  indirectly  in  any  contract. 
All  contracts  must  be  approved  by  the  Governor.  The 
contracts  are  large,  and  there  is  a  popular  notion  that 
men  make  a  great  deal  of  money  out  of  them. 

State  Cannot  Be  Sued.  The  State  of  Illinois  can 
never  be  made  defendant  in  any  court  of  law  or  equity. 

This  provision  of  our  Constitution  has  a  history. 

When  the  United  States  Constitution  was  submitted 
for  the  ratification  of  the  thirteen  states,  it  contained  a 
detailed  statement  of  the  power  of  the  national  courts. 
Among  other  things  this  power  was  to  extend  to  con- 


32  ILLINOIS  AND  THE  NATION 

troversies  between  a  state  and  citizens  of  another  state. 
During  Washington's  first  term  as  President,  a  citizen 
of  South  Carolina  sued  the  State  of  Georgia,  and  the 
supreme  court  of  the  United  States  decided  that  the  case 
was  within  its  jurisdiction  by  the  terms  of  the  Consti- 
tution. 

The  several  states,  seeing  that  they  were  liable  to 
numberless  suits,  caused,  through  their  representatives, 
the  proposal  of  an  amendment  to  the  Constitution  declar- 
ing that  "the  judicial  power  of  the  United  States  shall 
not  be  construed  to  extend  to  any  suit  in  law  or  equity, 
commenced  or  prosecuted  against  any  one  of  the  United 
States  by  citizens  of  another  state,  or  by  citizens  or  sub- 
jects of  any  foreign  state."  This  amendment  was  ratified 
by  the  states,  and  is  known  as  the  eleventh  amendment. 

Lotteries  Prohibited.  The  General  Assembly  has  no 
power  to  authorize  lotteries  or  gift  enterprises  for  any 
purpose,  and  must  pass  laws  prohibiting  the  sale  of  lot- 
tery or  gift  enterprise  tickets  in  the  state.  Some  states 
have  not  only  allowed  lotteries,  but  have  conducted  them 
as  a  means  of  paying  off  their  indebtedness. 

Term  of  Office.  No  law  can  be  passed  which  shall  in 
any  way  extend  the  term  of  any  public  officer  after  his 
election  or  appointment. 

A  few  years  ago  a  change  in  the  time  of  electing 
county  superintendents  was  made  which  brought  the 
regular  elections  at  one  time  five  years  apart.  The  super- 
intendents who  were  elected  for  four  years  did  not  hold 
over  the  fifth  year,  but  superintendents  were  appointed 
by  the  county  boards  for  that  year. 

Protection  of  Miners.  The  General  Assembly  must 
pass  laws  for  the  protection  of  miners  by  requiring  the 
construction  of  escapement  shafts,  appliances  for  ventila- 
tion, and  other  means  of  safety. 


STATE  GOVERNMENT  33 

Drainage.  The  General  Assembly  may  pass,  and  has 
passed,  laws  permitting  the  owners  or  occupants  of  land 
to  construct  drains  across  the  lands  of  others,  provided 
the  drains  are  for  agricultural  or  sanitary  purposes. 

In  1878,  an  amendment  to  the  state  constitution  was 
adopted,  authorizing  the  General  Assembly  to  pass  laws 
providing  for  the  organization  of  drainage  districts.  Such 
laws  have  been  passed. 

The  corporate  authorities  of  drainage  districts  have 
power  to  construct  and  maintain  levees,  drains,  and 
ditches  by  special  assessments  upon  the  property  bene- 
fited. What  is  a  levee? 

Homestead  and  Exemption  Laws.  Liberal  home- 
stead and  exemption  laws  must  be  passed. 

A  certain  amount  of  real  estate  and  personal  property 
is  exempt  from  seizure  for  the  payment  of  ordinary  debts. 
The  word  "homestead"  relates  to  real  estate. 

The  New  State  House.  The  Constitution  of  1870 
provided  that  not  more  than  $3,500,000  could  be  ex- 
pended upon  the  new  State  House,  unless  a  majority  o! 
the  votes  cast  at  a  general  election,  at  which  the  ques- 
tion was  submitted,  should  be  in  favor  of  the  additional 
expenditure.  The  additional  expenditure  asked  for  by 
the  General  Assembly  was  voted  upon  three  times.  It 
was  carried  in  1884. 

EXECUTIVE  DEPARTMENT 

Officers.  The  executive  department  of  the  state  con- 
sists of  a  Governor,  Lieutenant-Governor,  Secretary  of 
State,  Auditor,  Treasurer,  Superintendent  of  Public  In- 
struction, and  Attorney-General. 

Term  of  Office.  These  officers,  with  the  exception  of 
the  Treasurer,  hold  their  offices  four  years.  The  Treas- 


34  ILLINOIS  AND  THE  NATION 

urer's  term  is  two  years,  and  he  cannot  hold  the  office 
two  terms  in  succession.  Can  you  give  a  reason  for 
this? 

Residence.  All  of  the  executive  officers,  excepting  the 
Lieutenant-Governor,  must  reside  at  the  state  capitol 
during  their  term  of  office. 

Why  is  the  Lieutenant-Governor  excepted? 

Election.  An  election  is  held  for  Governor,  Lieuten- 
ant-Governor, Secretary  of  State,  Auditor,  Treasurer, 
and  Attorney-General  on  the  Tuesday  next  after  the 
first  Monday  in  November  of  every  year  in  which  there 
is  an  election  for  President  of  the  United  States.  There 
is  an  election  for  Treasurer  and  Superintendent  of  Public 
Instruction  on  the  Tuesday  next  after  the  first  Monday 
in  November  in  the  "off  years  in  politics" — that  is,  half 
way  between  the  Presidential  elections.  This  arrange- 
ment takes  the  election  of  Superintendent  of  Public 
Instruction  out  of  politics  as  much  as  possible  without 
having  a  general  election  for  him  alone.  A  general  elec- 
tion is  one  at  which  any  state  officer  is  elected. 

Returns  of  Election.  The  election  returns  for  state 
officers  are  sealed  and  sent  by  the  several  county  clerks 
to  the  Secretary  of  State,  directed  to  "The  Speaker  of 
the  House  of  Representatives." 

Immediately  after  the  organization  of  the  House,  and 
before  any  other  business  is  transacted,  the  speaker  opens 
the  returns  and  announces  the  result  to  the  two  houses 
who  meet  together  in  the  hall  of  the  House  of  Repre- 
sentatives for  that  purpose. 

The  person  having  the  highest  number  of  votes  for 
any  office  is  declared  elected.  If  two  or  more  persons 
have  an  equal  and  the  highest  number  of  votes  for  any 
office,  the  General  Assembly,  by  joint  ballot,  chooses  one 
of  them  for  the  office. 


STATE  GOVERNMENT  35 

Eligibility.  No  person  is  eligible  to  the  office  of 
Governor  or  Lieutenant-Governor  who  is  not  thirty 
years  of  age,  and  who  has  not  been  for  five  years  next 
preceding  his  election  a  citizen,  of  the  United  States  and 
of  Illinois. 

All  the  state  executive  officers,  except  the  Treasurer, 
are  declared  by  the  Constitution  to  be  ineligible  to  any 
other  office  during  the  time  for  which  they  are  elected. 

Vacancies.  In  case  of  vacancy  by  death,  resignation 
or  otherwise,  of  any  executive  officer,  except  Governor  or 
Lieutenant-Governor,  the  Governor  fills  the  vacancy  by 
appointment,  and  the  person  appointed  holds  the  office 
during  the  remainder  of  the  term. 

Accounts.  All  officers  of  the  executive  department 
and  of  all  public  institutions  of  the  state  must  keep 
accounts  of  all  moneys  received  and  paid  out  by  them, 
and  under  oath  must  make  a  semi-annual  report  of  these 
accounts  to  the  Governor. 

Reports.  At  least  ten  days  before  each  regular  ses- 
sion of  the  General  Assembly,  the  officers  of  the  execu- 
tive department  and  of  all  state  institutions  must  report 
to  the  Governor.  The  Governor  transmits  these  reports, 
and  those  of  the  judges  of  the  supreme  court  concerning 
defects  in  the  Constitution  or  the  laws,  to  the  General 
Assembly. 

The  Governor  may  require  written  information,  under 
oath,  from  any  of  these  officers  concerning  the  affairs  of 
his  office. 

Oath.  The  executive,  and  all  other  civil  officers 
swear  (or  affirm)  that  they  will  support  the  Constitution 
of  the  United  States  and  of  Illinois,  and  that  they  will 
faithfully  discharge  the  duties  of  their  respective  offices 
to  the  best  of  their  ability.  No  other  oath  can  be 
required  of  any  civil  officer. 


36  ILLINOIS  AND  THE  NATION 

.GOVERNOR 

Executive  Power.  The  Governor  has  supreme  exec- 
utive power,  and  must  see  that  the  laws  are  executed. 

Message.  At  the  beginning  of  each  session  of  the 
General  Assembly,  the  Governor  sends  it  a  message  giv- 
ing the  condition  of  the  state,  recommending  such  meas- 
ures as  he  deems  best,  containing  a  statement  of  the 
money  received  and  paid  out  by  him  according  to  law, 
and  presenting  estimates  of  the  amount  of  money  that 
should  be  raised  by  taxation  for  all  state  purposes.  His 
message  is  accompanied  by  the  reports  of  the  other 
executive  officers. 

General  Assembly.  Whenever  the  public  good  rnay 
require  it,  the  Governor  may  call  the  General  Assembly 
together  in  an  extra  session.  The  proclamation  calling 
the  extra  session  must  state  the  purpose  for  which  it  is 
called,  and  no  business  can  be  transacted  except  that 
given  in  the  proclamation. 

If  the  two  houses  fail  to  agree  upon  the  time  for 
adjournment,  and  the  house  which  first  moves  the  ad- 
journment certifies  such  failure  to  the  Governor,  he  may 
adjourn  them  to  such  time  as  he  may  think  proper,  but 
not  beyond  the  first  day  of  the  next  regular  session. 

Appointment  of  Officers.  The  Governor,  by  and  with 
the  advice  and  consent  of  the  Senate,  appoints  certain 
state  officers. 

In  case  of  a  vacancy  in  any  state  office  that  is  not 
elective,  the  Governor  makes  a  temporary  appointment 
until  the  next  meeting  of  the  Senate. 

A  person  who  has  been  rejected  by  the  Senate  cannot 
be  renominated  by  the  Governor  for  the  same  office  at 
the  same  session,  unless  at  the  request  of  the  Senate; 
nor  can  he  be  appointed  to  the  same  office  during  a  recess 


STATE  GOVERNMENT  37 

of  the  Senate.  Were  it  not  for  these  restrictions,  the 
Governor  might  keep  on  nominating  the  same  man  for 
the  same  office  till  the  adjournment  of  the  Senate  and 
then  appoint  him  to  fill  the  office  temporarily  until  the 
next  meeting  of  the  Senate. 

Removal  of  Officers.  Any  officer  appointed  by  the 
Governor  may  be  removed  by  him  for  incompetency, 
neglect  of  duty,  or  illegal  conduct.  He  may  then 
appoint  some  one  else  to  fill  the  vacancy. 

Reprieves,  Commutations,  and  Pardons.  The  Gov- 
ernor has  power  to  grant  reprieves,  commutations,  and 
pardons  to  persons  convicted  of  crimes. 

A  reprieve  is  a  temporary  suspension  of  the  execution 
of  a  penalty. 

A  commutation  is  a  change  from  one  punishment  to 
another  less  severe,  as  from  death  to  imprisonment  for 
life. 

A  pardon  is  a  complete  removal  of  penalty  and  res- 
toration to  citizenship. 

Commander  in  Chief  of  the  Militia.  The  Governor  is 
commander  in  chief  of  the  militia  of  the  state  when  they 
are  not  in  the  service  of  the  United  States.  The  Governor 
has  at  all  times  the  appointment  of  certain  officers  of  the 
militia. 

Veto.  The  Governor's  veto  has  been  discussed  fully 
on  page  26. 

Salary.  The  Governor  receives  a  salary  of  $12,000  a 
year  and  has  the  use  of  the  executive  mansion. 

LIEUTENANT-GOVERNOR 

Successor  to  Governor.  In  case  of  the  death,  resigna- 
tion, or  disability  of  the  Governor,  the  Lieutenant-Gov- 
ernor  becomes  Governor.  In  case  of  his  disability  also 


38  ILLINOIS  AND  THE  NATION 

the  powers  and  duties  of  Governor  devolve  upon  the 
president  pro  tempore  of  the  Senate,  and  in  case  of  the 
disability  of  that  officer  they  devolve  upon  the  speaker 
of  the  House  for  the  remainder  of  the  term. 

President  of  the  Senate.  The  Lieutenant-Governor 
is  president  of  the  Senate,  but  has  no  vote  except  in 
case  of  a  tie. 

Salary.  The  Lieutenant-Governor's  salary  is  $2,500 
a  year. 

SECRETARY    OF    STATE 

Keeper  of  Public  Acts.  The  Secretary  of  State  must 
keep  in  his  office,  properly  filed  and  indexed,  all  public 
acts,  laws,  and  resolutions  of  the  General  Assembly. 

When  the  legislature  is  not  in  session,  he  keeps  all 
books  and  papers  belonging  to  each  house. 

Calls  House  to  Order.  The  Secretary  of  State  calls 
the  House  of  Representatives  to  order,  and  presides  until 
a  temporary  speaker  is  elected. 

Register.  He  must  keep  a  register  of  all  the  official 
acts  of  the  Governor,  and  of  all  commissions  issued  by 
him.  What  is  a  commission?  Every  justice  of  the  peace 
or  notary  public  has  a  commission  from  the  Governor. 

Seal  of  State.  The  Secretary  of  State  is  the  keeper 
of  the  "Great  Seal  of  the  State  of  Illinois,"  and  must 
affix  this  seal  to  all  commissions  and  documents  counter- 
signed by  himself. 

What  is  a  seal?  Every  notary  public  in  Illinois  has 
one,  and  a  little  effort  will  enable  you  to  see  one  of  these. 

Custodian  of  Property.  He  is  custodian  of  all  public 
buildings  and  grounds  in  the  City  of  Springfield. 

Laws  and  Journals.  He  must  supervise  the  distri- 
bution of  the  laws  and  journals  of  the  General  Assembly. 


STATE  GOVERNMENT  39 

Report.  He  must  report  the  affairs  of  his  office 
biennially  to  the  Governor. 

Certificate.  He  must  certify  to  the  correctness  of 
the  law  and  journals  when  they  are  published. 

Charters.  The  Secretary  of  State  issues  charters  to 
corporations. 

There  are  corporations  for  the  purpose  of  govern- 
ment, as  cities  and  villages;  for  business  purposes,  as 
railroad,  insurance,  and  manufacturing  companies;  for 
improvement  of  members,  but  not  for  money-making, 
as  in  case  of  societies  and  associations;  for  religious 
purposes,  as  church  organizations  of  various  kinds. 

Weights  and  Measures.  The  Secretary  of  State  is 
the  keeper  of  the  public  standards  of  weights  and 
measures. 

Registry  Blanks.  He  must  furnish  registration 
blanks  to  judges  of  election  prior  to  every  general 
election. 

He  has  other  duties  of  minor  importance. 

Bond.  The  Secretary  of  State  must  give  a  bond 
for  $100,000. 

Salary.     His  salary  is  $7,500  a  year. 

AUDITOR 

Accounts.  The  Auditor  is  the  book-keeper  of  the 
state.  He  keeps  accounts  with  all  public  officers,  cor- 
porations, and  individuals  doing  business  with  the 
state. 

Whenever  a  claim  or  bill  is  presented  for  payment  of 
money  out  of  the  state  treasury,  he  examines,  or  audits, 
it  to  see  if  it  is  legal. 

Warrants.  If  the  Auditor  finds  a  claim  to  be  legal 
and  just,  he  signs  an  order  on  the  Treasurer  for  the 


40  ILLINOIS  AND  THE  NATION 

proper  amount.  Such  orders  are  called  "auditor's  war- 
rants." He  keeps  a  record  of  all  warrants  signed  by  him. 

The  Auditor  is  the  "watch-dog  of  the  treasury." 

Rate  of  Taxation.  The  Auditor  assists  the  Governor 
in  computing  the  rate  of  taxation  necessary  to  raise 
sufficient  revenue  for  state  purposes. 

The  legislature  fixes  the  amount  to  be  raised  by 
taxation. 

Report.  The  Auditor  reports  biennially  to  the 
Governor. 

Bond.     He  gives  a  bond  for  $50,000. 

Salary.     His  salary  is  $7,500  a  year. 

TREASURER 

Public  Funds.  The  Treasurer  must  receive  and 
safely  keep  all  moneys  which  are  authorized  by  law  to  be 
paid  to  him. 

The  Treasurer  is  not  allowed  to  receive  and  receipt 
any  money  whatever  unless  he  has  an  order  from  the 
Auditor  directing  him  to  receive  it.  Neither  can  he  pay 
out  money  except  upon  the  Auditor's  warrant.  When 
he  pays  an  order,  he  must  cancel  it  with  some  instrument 
that  will  cut  or  perforate  the  paper. 

Give  a  good  reason  for  each  of  these  provisions. 

Monthly  Settlements.  The  Treasurer  must  settle 
with  the  Auditor  at  the  close  of  each  month,  stating  the 
amounts  received  and  paid  out,  and  on  what  accounts. 
He  must  also  return  all  warrants  canceled  by  him,  and 
obtain  the  Auditor's  receipt  for  them. 

Report.  The  Treasurer  makes  a  biennial  report  to 
the  Governor. 

Bond.     The  Treasurer's  bond  is  for  $500,000. 

Salary.     His  salary  is  $10,000  a  year. 


STATE  GOVERNMENT  41 


SUPERINTENDENT   OF   PUBLIC   INSTRUCTION 

The  duties  of  this  officer  are  given  in  CHAPTER 
VIII  on  the  public  school  system. 


ATTORNEY-GENERAL 

State  and  State  Officers.  The  Attorney-General  rep- 
resents the  people  of  the  state  in  all  suits  in  which  they 
are  interested  before  the  supreme  court.  He  also  acts 
as  attorney  for  state  officers,  when  suits  are  brought 
against  them  as  officers. 

Advisory  Duties.  The  Attorney-General  consults 
with  and  advises  state's  attorneys  concerning  their 
duties. 

He  advises  the  Governor  and  other  state  officers,  and, 
when  requested,  gives  written  opinions  upon  all  legal  and 
constitutional  questions  relating  to  the  duties  of  these 
officers.  He  also  gives  such  written  opinions  at  the 
request  of  either  house  of  the  General  Assembly  or  of 
any  legislative  committee. 

Funds.  The  Attorney-General  sees  that  the  funds 
appropriated  to  the  several  state  institutions  are  properly 
used. 

Records.  He  keeps  a  records  of  his  official  acts,  and 
of  the  opinions  given  by  him  while  in  office,  and  gives 
these  records  to  his  successor  in  office. 

Bond.  A  bond  for  $10,000  must  be  given  by  the 
Attorney-General. 

Salary.     His  salary  is  $10,000  a  year. 

Name  the  executive  officers  of  the  state.  When  was 
each  elected? 


42  ILLINOIS  AND  THE  NATION 


JUDICIAL  DEPARTMENT 

SUPREME  COURT 

Grand  Division.  Prior  to  1897  the  state  was  divided 
into  three  grand  divisions  and  one  term  of  court  was 
held  each  year  in  each  division.  The  entire  state  now 
constitutes  one  grand  division. 

Terms.  There  are  now  five  terms  of  court  each  year. 
These  are  all  held  at  Springfield,  the  sessions  at  Ottawa 
and  Mount  Vernon  having  been  discontinued. 

Judges.  There  are  seven  judges  of  the  supreme 
court ;  they  choose  one  of  their  number  for  chief-justice. 

Four  judges  must  agree  to  every  decision. 

Term.  The  judges  of  the  supreme  court  are  elected 
for  nine  years. 

Election  Districts.  The  state  is  divided  into  seven 
districts  for  the  purpose  of  electing  the  judges  of  the 
supreme  court.  Each  district  elects  one  judge. 

Clerk.  A  clerk  of  the  supreme  court  is  elected  for 
the  entire  state  for  six  years.  His  salary  is  $7,500  a  year. 

Original  Jurisdiction.  The  supreme  court  has  orig- 
inal jurisdiction  in  cases  relating  to  the  revenues  of  the 
state,  and  in  mandamus  and  habeas  corpus  cases.  By 
this  is  meant  that  suits  relating  to  these  matters  may  be 
begun  in  the  supreme  court. 

A  case  of  mandamus  is  brought  for  the  purpose  of 
compelling  a  public  officer  or  corporation  to  perform 
certain  duties. 

A  case  of  habeas  corpus  has  for  its  object  the  pre- 
vention of  false  or  unjust  imprisonment.  By  it  the 
prisoner  is  brought  into  court,  and  the  cause  of  his 
imprisonment  is  investigated. 


STATE  GOVERNMENT  43 

Appellate  Jurisdiction.  The  supreme  court  has 
appellate  jurisdiction  in  all  criminal  cases,  and  in  all 
civil  cases  in  which  the  amount  in  dispute  is  one 
thousand  dollars  or  more. 

By  appellate  jurisdiction  is  meant  that  appeals  may 
be  taken  to  the  supreme  court  in  such  cases  after  they 
have  been  tried  in  a  lower  court. 

A  criminal  case  is  a  suit  brought  for  the  purpose  of 
punishing  some  person  for  violating  a  public  law. 

A  civil  case  is  a  suit  brought  by  a  person,  company, 
or  corporation,  called  the  plaintiff,  against  another  per- 
son, company,  or  corporation,  called  the  defendant,  for 
the  purpose  of  compelling  the  defendant  to  pay  the 
plaintiff  a  sum  of  money  or  to  give  up  to  him  certain 
property.  Suits  for  money  may  be  for  debts  due  the 
plaintiff,  or  for  damages  on  account  of  injury  done  him 
by  the  defendant. 

Decisions  Final.  The  decisions  of  the  supreme  court 
are  final  except  in  cases  involving  a  state  law  which  con- 
flicts with  a  United  States  law.  Such  cases  may  be 
carried  to  the  United  States  Supreme  Court. 

Salaries  of  Supreme  Judges.  The  judges  of  the 
supreme  court  elected  after  1905  receive  $10,000  a  year. 

The  clerks  receive  fees  which  are  prescribed  by  law. 

APPELLATE   COURTS 

Districts.  The  state  is  divided  into  four  appellate 
court  districts. 

Judges.  The  appellate  judges  are  elected  circuit 
judges,  and  are  appointed  appellate  judges  by  the 
supreme  court. 

Clerk.  Each  district  elects  a  clerk  for  a  term  of  six 
years. 


44  ILLINOIS  AND  THE  NATION 

Sheriff.  The  sheriff  of  the  county  in  which  the 
appellate  court  is  held  attends  the  sessions  of  the  court 
or  appoints  a  deputy  to  do  so. 

Jurisdiction.  The  appellate  courts  have  appellate 
jurisdiction  only.  Their  jurisdiction  extends  to  all  cases 
of  appeal  from  circuit  courts,  city  courts,  or  the  superior 
court  of  Cook  County,  except  in  criminal  cases  and  those 
involving  a  franchise,  a  freehold,  or  the  validity  of  a 
law.  These  cases  must  be  appealed  directly  to  the 
supreme  court. 

A  franchise  is  a  special  privilege  given  by  the  state 
to  an  individual  or  corporation. 

The  term  freehold  applies  to  real  estate  titles. 

Decision.  The  decision  of  the  appellate  court  is  final 
in  all  cases  in  which  the  amount  in  dispute  is  less  than 
one  thousand  dollars.  When  the  amount  is  one  thou- 
sand dollars  or  more,  the  case  may  be  taken  to  the 
supreme  court. 

Salaries.  Appellate  judges  receive  the  same  salaries 
as  circuit  judges — $10,000  a  year  in  Cook  County,  and 
$5,000  elsewhere.  The  clerks  receive  fees. 


COURT    OF    CLAIMS 

Judges.  The  Governor,  with  the  consent  of  the 
Senate,  appoints  three  persons  to  serve  four  years  as 
a  court  of  claims  to  adjust  claims  of  various  kinds  against 
the  state.  Each  member  of  the  court  receives  a  salary 
of  $1,500  a  year. 

CIRCUIT    COURTS 

Circuits.  With  the  exception  of  Cook  County,  all  of 
the  counties  of  the  state  are  arranged  by  the  legislature 


STATE  GOVERNMENT  45 

into  seventeen  divisions  called  circuits.  Cook  County 
alone  constitutes  a  circuit. 

Judges.  Three  judges  are  elected  in  each  circuit 
every  six  years.  Usually  two  of  these  hold  circuit 
courts,  and  the  third  acts  as  one  of  the  judges  of  the 
appellate  courts.  Cook  County  now  elects  fourteen 
circuit  judges. 

The  circuit  court  is  so  called  because  its  judges  go 
from  county  to  county  for  the  purpose  of  holding  court. 

Circuit  Clerk.  Each  county  elects  a  circuit  clerk  for 
a  term  of  four  years.  He  attends  the  sessions  of  the 
circuit  court  in  his  county,  and  keeps  a  record  of  the 
proceedings  of  the  court. 

He  keeps  account  of  the  costs  of  all  suits  in  the  circuit 
court  in  his  county.  These  costs  are  made  up  of  the 
fees  of  the  sheriff,  clerk,  witnesses,  jury,  and  others,  and 
are  usually  paid  by  the  person  against  whom  the  suit  is 
decided. 

The  circuit  clerk  also  issues  the  summonses,  subpoe- 
nas, executions,  and  other  processes  of  the  court.  In 
counties  of  less  than  60,000  inhabitants,  he  also  acts  as 
recorder  of  deeds  for  his  county. 

Master  in  Chancery.  In  each  county  there  is  a 
master  in  chancery  who  is  appointed  by  the  judges  of 
the  circuit  for  two  years.  To  him  are  referred  many 
matters  for  investigation.  He  reports  the  results  of  his 
investigation  to  the  court.  Chief  among  his  other  duties 
is  the  sale  of  real  estate  in  cases  of  foreclosure  of 
mortgages. 

Jurisdiction.  The  circuit  courts  have  original  juris- 
diction in  all  criminal  cases  and  in  civil  cases  between 
citizens  of  the  state.  They  have  appellate  jurisdiction 
in  all  cases  tried  before  the  county  and  probate  courts 
and  justices  of  the  peace. 


46  ILLINOIS  AND  THE  NATION 

Courts  of  Cook  County.  Besides  the  circuit  court, 
there  are  in  Cook  County  two  courts  not  held  in  other 
counties.  The  Superior  Court  of  Cook  County  was  for- 
merly known  as  the  Superior  Court  of  Chicago;  the 
Criminal  Court  of  Cook  County  was  formerly  known  as 
the  Recorder's  Court  of  the  City  of  Chicago. 

Salary.  The  circuit  judges  receive  $5,000  a  year, 
except  those  in  Cook  County ;  they  receive  $10,000  a  year. 

Grand  Jury.  The  grand  jury  of  every  county  assists 
the  circuit  court  in  bringing  offenders  to  trial. 

A  grand  jury  consists  of  twenty-three  men  who  are 
selected  by  the  county  board.  This  jury  meets  at  the 
place  of  holding  the  circuit  court,  and  investigates  all 
criminal  charges  brought  to  its  notice  against  persons 
for  crimes  committed  within  the  county.  It  hears  evi- 
dence against  accused  persons,  but  nothing  in  their 
defense.  If  it  has  just  cause  to  believe  a  person  guilty 
of  a  crime,  it  furnishes  the  court  with  a  paper  in  which 
the  person  is  named,  and  his  crime  described,  and  advises 
that  he  be  brought  to  trial.  ' 

Such  a  paper  is  called  an  "indictment,"  and  the  person 
is  said  to  be  "indicted"  by  the  grand  jury.  In  every  case 
of  indictment,  sixteen  grand  jurors  must  be  present,  and 
twelve  must  agree  to  the  indictment.  An  indictment  is 
often  called  "a  true  bill."  This  comes  from  the  fact  that 
the  paper  is  prepared  by  the  State's  Attorney  and  is 
indorsed  by  the  jury  "A  true  bill,"  if  the  accused  is  found 
guilty.  A  copy  of  the  indictment  giving  a  list  of  witnesses 
against  him  is  furnished  the  accused. 

The  meetings  of  the  grand  jury  are  not  open  to  the 
public. 

Petit  Jury.  Almost  all  cases  in  the  circuit  court  are 
tried  by  a  petit  jury  consisting  of  twelve  men.  This  jury 
sits  in  open  court  and  hears  the  evidence  against  and  in 


STATE  GOVERNMENT  47 

behalf  of  the  defendant,  together  with  the  arguments 
of  the  lawyers  on  both  sides.  The  judge  then  instructs 
the  jury  as  to  the  law  concerning  the  case,  and  the 
manner  in  which  it  should  weigh  the  evidence  for  and 
against  the  defendant.  The  jury  then  retires  to  the  jury 
room,  being  all  the  while  in  charge  of  an  officer,  and 
agrees  upon  a  verdict,  if  possible.  A  verdict  cannot  be 
rendered  unless  all  the  jurors  agree  to  it.  This  applies 
as  well  to  civil  as  to  criminal  cases. 

In  trials  before  justices  of  the  peace,  juries  are  not 
instructed  by  the  court. 

When  a  case  is  appealed  to  a  higher  court,  a- 
complete  transcript  in  writing  of  the  record  of  the  pro- 
ceedings of  the  court  below  is  filed  by  the  party  who 
appeals.  This  record  is  examined  and  reviewed  by  the 
upper  court,  and,  if  no  errors  appear,  the  judgment  or 
decree  of  the  court  below  is  affirmed.  If  any  substantial 
error  appears,  the  judgment  or  decree  is  reversed  and, 
usually,  the  case  is  remanded  to  the  lower  court  for  a 
new  trial. 

Jurors  are  drawn  by  lot  from  a  list  of  legal  voters 
prepared  by  jury  commissioners  in  Cook  County,  and  by 
the  county  board  in  all  other  counties.  Jurors  serve  two 
weeks,  and  receive  $3  a  day  and  5  cents  mileage  each  way 
for  one  round  trip. 

QUESTIONS  AND  TOPICS  FOR  STUDY 

I.  Who  is  the  chief  executive  officer  of  the  state?  2.  What 
is  the  highest  judicial  office  in  the  state?  3.  Classify  each  of 
the  following  acts  as  legislative,  executive,  or  judicial: 

(a)  The  Governor  signs  a  bill;  (b)  he  signs  a  commission 
in  the  militia;  (c)  he  signs  a  pardon  for  a  criminal;  (d)  he 
sends  a  message  to  the  legislature  recommending  the  passage  of 
a  law;  (e)  he  vetoes  a  bill;  (f)  the  Lieutenant-Governor  pre- 


48 


ILLINOIS  AND  THE  NATION 


sides  over  the  Senate  during  legislation ;  (g)  he  presides  during 
an  impeachment  trial;  (h)  he  acts  as  Governor  during  that 
official's  absence  from  the  state;  (i)  the  Senate  passes  a  resolu- 
tion; (j)  it  refuses  to  pass  a  bill;  (k)  it  confirms  an  officer 
appointed  by  the  Governor;  (1)  it  sits  in  impeachment  trial; 
(m)  the  supreme  court  upholds  a  law;  (n)  it  declares  uncon- 
stitutional an  amendatory  act ;  it  issues  a  writ  of  man- 
damus; (o)  the  Attorney-General  advises  the  State  Superin- 
tendent of  Schools  upon  points  in  the  school  law;  (p)  he 
prosecutes  for  the  violation  of  a  law. 

4.  Explain:      (a)    Committee  of  the  whole;    (b)   yeas  and 
nays;  (c)  enacting  clause;  (d)  veto;  (e)  pocket  veto;  (f)  re- 
prieve;   (g)    commutation;    (h)    pardon;    (i)    seal    of   state; 
(j)  original  jurisdiction ;  (k)  appellate  jurisdiction;  (1)  indict- 
ment; (m)  true  bill;  (n)  petit  jury;  (o)  grand  jury. 

5.  Make  a  table  similar  to  this  and  complete  by  supplying 
the  needed  information.    Preserve  for  future  reference. 


OFFICE 

LENGTH 
OF  TERM 

SALARY 

DUTIES 

PRESENT 
INCUMBENT 

Governor 

Lieut-Governor 

Secretary  of  State 

Auditor 

Treasurer 

Superintendent    of 
Public  Instruct'n 

Atto  rney-  Gene  ral 

Representative 
from  your  dist. 

Senator  from  your 
district 

Circuit  judges 
from  your  dist. 

CHAPTER  III 
THE  DIVISIONS  OF  THE  STATE 

DESCRIPTION  OF  THE  DIVISIONS 

Counties.  Counties  are  divisions  of  the  state  made 
in  order  to  bring  matters  of  government  nearer  to  the 
people.  They  are  formed  by  the  legislature  of  the  state, 
usually  upon  petition  of  the  people  directly  concerned. 
They  are  named  in  the  acts  which  create  them. 

The  county  does  not  bear  exactly  the  same  relation  to 
the  state  that  the  latter  does  to  the  nation.  The  state 
is  sovereign  in  many  particulars,  while  the  county  has 
no  sovereign  power  whatever.  It  has  no  constitution, 
and  all  its  powers  are  given  to  it  by  the  state  legislature. 

There  are  one  hundred  and  two  counties  in  Illinois. 

Townships.  In  this  state  we  have  two  correct  uses 
of  the  word  township.  These  uses  should  be  carefully 
learned,  so  as  to  distinguish  clearly  from  each  other  and 
from  the  uses  of  the  word  town. 

Congressional  Township.  The  congressional  toivn- 
ship  is  the  unit  of  the  United  States  survey  system  and 
is  simply  a  tract  of  land  six  miles  square.  It  is  a  division 
rather  of  the  United  States  than  of  the  state,  and  is 
common  to  all  states  and  territories  surveyed  by  this 
system.  It  is  not  a  political,  division  of  the  county,  state, 
or  United  States,  and  consequently  has  no  officers.  It 
has  a  single  purpose — to  assist  in  the  description  of  real 
estate.  It  is  always  designated  by  number. 

49 


f)0  ILLINOIS  AND  THE  NATION 

School  Township.  The  school  township  is  a  political 
division  of  the  county  with  reference  to  school  affairs 
only,  and  in  boundary  is  coincident  with  the  congres- 
sional township  of  like  number  and  description.  Section 
twenty-three  of  the  school  law  provides  that  every  con- 
gressional township  shall  be  considered  a  township  for 
school  purposes. 

The  school  township  officers  are  three  trustees  of 
schools  and  a  township  treasurer.  The  latter  is  often 
called  the  school  treasurer. 

The  school  township  has  the  single  purpose  of  assist- 
ing in  certain  school  affairs.  It  is  always  designated  by 
number — never  by  name,  being  numbered  exactly  like 
the  congressional  township  with  which  it  coincides. 
There  need  be  no  confusion  on  this  account,  as  the  two 
townships  are  never  spoken  of  in  the  same  connection. 

Towns.  The  word  town  has  so  many  different 
meanings  that  it  is  somewhat  difficult  to  apply  it  cor- 
rectly at  all  times.  Its  use  as  a  general  term  for  villages 
and  cities  is  correct  in  ordinary  conversation,  as  where 
we  speak  of  "going  to  town,"  or  "going  out  of  town."  But 
in  the  study  of  civil  government  we  must  discard  this 
use  of  the  word,  and  speak  only  of  its  two  uses  in 
connection  with  civil  affairs. 

Organized  Towns.  The  organized  town  is  a  political 
division  of  the  county  with  reference  to  civil  affairs  only. 
It  has  no  connection  whatever  with  the  description  of 
real  estate,  with  the  school  system,  or  with  incorporated 
government  like  that  of  a  city  or  village.  It  has  a  single 
purpose — to  assist  in  local  government  in  civil  affairs. 
In  almost  all  counties  in  the  state,  especially  those  in 
the  central  and  northern  part,  every  one  lives  in  some 
town  in  this  sense  of  the  word. 

If  all  organized  towns  had  been  formed  as  was  in- 


.  THE  DIVISIONS  OF  THE  STATE  51 

tended  by  the  law,  they  would  each  be  six  miles  square, 
except  where  there  are  fractional  congressional 
townships. 

The  organized  town  is  always  designated  by  name — 
never  by  number.  Whenever  the  word  town  is  used  in 
this  book,  the  organized  town  is  meant,  except  when  the 
expression  incorporated  town  is  used. 

Township  Organization.  The  Constitution  of  1848 
provided  that  "the  General  Assembly  shall  provide,  by  a 
general  law,  for  a  township  organization."  Accordingly 
a  law  was  enacted  that  all  counties  which  should  elect 
to  do  so  in  a  prescribed  manner  might  adopt  what  is 
known  as  "township  organization." 

Counties  so  electing  are  divided  by  three  commis- 
sioners, appointed  by  the  county  board,  into  towns  which 
shall  coincide  with  the  townships  of  the  county.  When 
a  township  has  too  few  inhabitants  for  a  separate 
organization  it  may  be  added  to  some  adjoining  town 
or  divided  between  two  or  more  towns  for  the  time 
being.  Fractional  townships  may  be  added  to  some 
adjoining  town.  A  glance  at  a  complete  map  of  the 
state  will  show  that  few  counties,  if  any,  have  all  of 
their  towns  coincident  with  the  township.  Has  your 
county? 

A  majority  of  the  towns,  however,  coincide  with  the 
townships.  In  such  cases,  the  township  election  (for 
school  trustees)  and  the  town  election  (annual  town 
meeting)  are  held  on  the  same  day.  This  fact  gives  rise 
to  the  common  error  of  calling  the  officers  of  the  town 
"township  officers." 

Counties  are  divided  into  towns  in  order  to  bring 
matters  of  local  government  still  nearer  the  people.  This 
and  the  government  of  counties  not  under  township 
organization  will  be  fully  explained  later. 


52  ILLINOIS  AND  THE  NATION 

The  term  "township  organization"  used  in  the  law  is 
evidently  a  misnomer;  it  should  be  "town  organization," 
since  so  many  towns  are  not  organized  townships,  not 
being  coincident  with  the  latter. 

Incorporated  Towns.  It  is  to  be  regretted  that  prior 
to  the  enactment  of  the  law  authorizing  the  organization 
of  towns  for  local  government,  a  law  was  enacted  which 
provides  for  the  incorporation  of  towns,  divided  into 
blocks  and  lots,  having  streets  and  alleys,  and  govern- 
ments similar  to  that  of  villages.  In  fact,  the  word  town 
is  used  in  the  same  sense  as  the  word  milage.  A  few 
such  towns  have  been  incorporated,  but  almost  all  such 
incorporations  are  termed  villages. 

Unless  there  is  such  a  town  near  you,  it  will  be  better 
for  you  to  dismiss  this  use  of  the  word  from  your  mind, 
and  to  think  only  of  the  organized  town. 

School  Districts.  School  districts  are  divisions  of  the 
school  township,  and  have  reference  to  school  affairs 
only. 

County  Organization.  Counties  not  under  township 
organization  are  said  to  be  under  county  organization. 
There  are  nineteen  such  counties  in  Illinois.  In  some  of 
these  the  proposition  to  organize  has  been  voted  on  and 
defeated  several  times. 

The  chief  argument  in  favor  of  township  organization 
is  that  it  brings  the  government  nearer  the  people.  One 
feature  of  this  is  that  it  makes  several  town  offices  to  be 
filled  by  residents  of  the  town.  Many  men,  doubtless, 
work  and  vote  for  township  organization  hoping  to 
obtain  an  office. 

The  leading  argument  against  township  organization 
is  that  it  increases  the  cost  of  government  very  mate- 
rially. Taxes  are  necessarily  higher  in  counties  under 
township  organization.  Of  course  it  may  be  claimed  that 


THE  DIVISIONS  OF  THE  STATE  53 

the  government  is  enough  better  to  overcome  the 
disadvantage  of  increase  in  cost. 

Cities  and  Villages.  The  government  of  cities  and 
villages  is  described  in  another  chapter.  They  are  com- 
monly spoken  of  as  towns  but  in  the  study  of  the  civil 
government  of  Illinois  you  must  discriminate  sharply 
between  cities  and  villages  and  towns,  except  in  the  few 
cases  where  there  are  incorporated  towns. 

Cities  and  villages  have  certain  corporate  privileges 
which  towns  have  not.  They  are  organized  in  a  wholly 
different  manner,  and  for  a  different  purpose. 

In  many  cases  the  name  of  a  town  is  the  same  as  that 
of  a  city  or  village  within  its  limits.  This  fact  often 
gives  rise  to  confusion  in  common  speech. 

QUESTIONS  AND  TOPICS  FOR  STUDY 

I.  Why  do  we  have  counties?  2.  How  many  are  there  in 
Illinois?  3.  Distinguish  between  an  organized  town  and  an 
incorporated  town.  4.  (a)  In  what  congressional  township  do 
you  live?  (b)  In  what  school  township?  (c)  town?  (d)  city 
or  village?  5.  (a)  Bound  the  county,  (b)  The  congressional 
township?  6.  Consult  the  complete  table  of  congressional,  sen- 
atorial, and  judicial  districts  and  the  judicial  circuits  on  Page 
208. 


CHAPTER  IV 

COUNTY  GOVERNMENT 

LEGISLATIVE  DEPARTMENT 

Board  of  Supervisors.  The  laws  made  by  the  Gen- 
eral Assembly  apply  to  all  counties  alike,  and  only  such 
laws  are  made  by  it  as  are  general  in  their  nature.  Every 
county  has  measures  for  its  own  government  which 
apply  only  to  itself.  These  measures  must  not  conflict 
with  any  general  law  of  the  state. 

In  counties  under  township  organization,  the  legisla- 
tive acts  are  performed  by  the  board  of  supervisors.  The 
members  of  this  board  are  elected  by  the  several  towns 
in  the  county,  and  perform  duties  as  town  officers  aside 
from  their  duties  as  members  of  the  "county  board,"  as 
the  board  of  supervisors  is  called.  In  counties  not  under 
township  organization  the  board  of  county  commission- 
ers is  also  called  the  county  board. 

Meetings.  The  board  of  supervisors  holds  its  annual 
meeting  on  the  second  Tuesday  of  September.  It  also 
holds  a  regular  meeting  on  the  second  Monday  in  June 
in  each  year.  Special  meetings  may  be  held  at  the 
request  of  at  least  one-third  of  the  members  of  the  board. 

County  Seat.  The  county  board  meets  at  the  county 
seat,  and,  if  possible,  in  the  court  house.  The  county 
seat  is  the  city  or  village  in  which  the  business  of  the 
county  is  transacted. 

Organization.  The  county  board  organizes  at  the 
first  meeting  of  the  year  by  choosing  one  of  its  number 

54 


COUNTY  GOVERNMENT  55 

chairman.  The  chairman  presides  over  all  the  meetings, 
and  appoints  the  various  committees  through  which  the 
business  of  the  board  is  largely  done.  The  county  clerk 
is  clerk  of  the  board  of  supervisors. 

Open  Doors.  The  board  must  hold  its  meetings  with 
open  doors.  Why? 

Proceedings  Published.  A  brief  account  of  the 
proceedings  of  every  meeting  must  be  published  in  a 
county  paper  if  it  can  be  done  without  unreasonable 
expense. 

New  Towns.  The  board  may  change  the  boundaries 
of  towns,  create  new  towns,  and  give  names  ^:o  them. 
No  two  towns  in  the  state  shall  have  the  same  name. 
The  State  Auditor  keeps  an  alphabetical  list  of  all  the 
towns,  and  must  be  consulted  in  case  a  new  name  is  to 
be  given. 

Have  you  a  clear  notion  of  what  is  meant  by  the 
word  town,  as  here  used? 

Care  of  Property.  The  county  board  has  the  care  of 
all  property  belonging  to  the  county.  The  board  also 
has  the  management  of  nearly  all  the  funds  belonging 
to  the  county. 

Auditing  Bills.  The  county  board  must  settle  all 
just  claims  against  the  county,  and  audit  all  accounts 
concerning  the  receipts  and  expenditures  of  the  county. 

Levy  of  County  Tax.  The  county  board  may  levy 
a  tax  not  to  exceed  seventy-five  cents  on  one  hundred 
dollars'  valuation  for  county  purposes. 

If  the  county  was  in  debt  at  the  time  of  the  adoption 
of  the  present  Constitution,  a  tax  not  to  exceed  one 
dollar  on  one  hundred  dollars'  valuation  may  be  levied  to 
pay  the  principal  and  interest  for  such  indebtedness. 
Any  additional  levy  must  be  submitted  to  a  vote  of  the 
people. 


56  ILLINOIS  AND  THE  NATION 

County  Buildings.  The  county  board  must  erect  a 
courthouse,  jail,  and  other  necessary  public  buildings. 
Furnished  offices  must  be  provided  for  the  county 
officers.  Some  of  these  offices  are  to  be  fireproof,  or 
furnished  with  fireproof  safes,  whenever  the  finances  of 
the  county  will  permit. 

Books  and  Stationery.  The  board  must  furnish  suit- 
able books  and  stationery  for  the  use  of  the  county  board 
and  the  several  county  officers. 

Annual  Financial  Statement.  The  county  board 
must  prepare  and  publish  an  itemized  statement  of  the 
receipts  and  expenditures  of  the  preceding  year  together 
with  the  actual  condition  of  affairs  at  the  end  of  the  year. 

Prosecute  and  Defend  Suits.  Suitable  measures  for 
the  prosecution  and  defense  of  suits  brought  by  or 
against  the  county  must  be  taken  by  the  county  board. 

Pay  of  County  Officers.  The  pay  of  the  officers, 
except  the  .county  superintendent  of  schools,  is  fixed  by 
the  county  board,  and  cannot  be  changed  during  the  term 
for  which  the  officers  are  elected.  Why  not? 

Treasurer's  Accounts.  It  is  the  duty  of  the  county 
board  to  examine  the  books  of  the  county  treasurer,  and 
to  count  the  money  at  least  as  often  as  once  every  six 
months. 

Grand  and  Petit  Jurors.  Grand  juries  are  selected  by 
the  county  boards  in  their  respective  counties. 

As  nearly  as  can  be,  a  proportionate  number  of  grand 
jurors  are  to  be  chosen  from  each  town  in  the  county. 

Each  year  the  board  prepares  lists  of  not  less  than 
one-tenth  of  the  legal  voters  of  each  town,  which  lists 
are  kept  in  the  office  of  the  county  clerk.  The  county 
clerk  writes  each  man's  name  and  address  upon  a  sepa- 
rate ticket,  and  puts  all  the  tickets  in  a  box  kept  for  the 
purpose.  At  least  twenty  days  before  a  trial  court 


COUNTY  GOVERNMENT  57 

convenes,  the  clerk  of  the  court,  in  the  presence  of  the 
county  clerk,  draws  the  names  of  a  sufficient  number  of 
petit  jurors  from  the  box. 

Other  Powers  and  Duties.  The  county  board  may 
also  allow,  regulate,  and  condemn  toll  roads  and  bridges ; 
grant  liquor  licenses;  establish  county  normal  schools; 
offer  rewards  for  criminals ;  and  offer  rewards  for  raising 
timber. 

Board  of  County  Commissioners.  In  counties  not 
under  township  organization,  the  county  board  consists 
of  the  three  commissioners  elected  by  the  whole  county 
for  a  term  of  three  years,  one  commissioner  being  elected 
each  year.  These  counties  are  divided  by  the  county 
board  into  precincts  for  election  purposes,  and  into 
districts  for  road  purposes. 

The  powers  and  duties  of  the  board  of  commissioners 
are  almost  the  same  as  those  of  the  board  of  supervisors. 

Commissioners  of  Cook  County.  The  County  of 
Cook  is  governed  by  a  board  of  county  commissioners, 
fifteen  in  number.  Ten  of  these  commissioners  are 
elected  from  Chicago  and  five  from  that  part  of  Cook 
County  which  is  outside  Chicago.  All  the  commis- 
sioners serve  four  years. 

EXECUTIVE  DEPARTMENT 

Officers.  The  executive  department  consists  of  the 
county  clerk,  treasurer,  recorder,  county  surveyor,  super- 
intendent of  schools,  and  the  committees  of  the  county 
board  when  carrying  out  the  instructions  of  the  whole 
board.  All  of  the  officers  named  execute  the  state  laws 
which  apply  to  their  duties,  and  also  the  measures  passed 
by  the  county  board.  All  of  the  executive  officers  of  the 
county  are  elected  for  four  years. 


58  ILLINOIS  AND  THE  NATION 


COUNTY    CLERK 

Records.  The  county  clerk  has  charge  of  certain 
books  and  papers  pertaining  to  the  business  of  the 
county. 

County  Board.  He  is  clerk  of  the  county  board  of 
his  county,  keeps  a  record  of  its  proceedings,  and  keeps 
on  file  all  accounts  passed  upon  by  the  board. 

Orders.     He  must  keep  a  complete  record  of  all  orders 
drawn  upon  the  county  treasurer. 

Bonds.  The  official  bonds  of  certain  county  and 
town  officers  are  filed  in  the  office  of  the  county  clerk. 
He  must  keep  an  alphabetical  list  of  these  bonds,  giving 
names  of  sureties  and  other  essential  facts. 

Indexes.  He  must  keep  alphabetical  indexes  of  all 
records  and  papers  filed  in  his  office. 

Copy.  The  county  clerk  must  furnish  to  any  person 
who  will  pay  the  proper  fee,  a  copy  of  any  record,  paper, 
or  account  in  his  office. 

County  Court.  The  county  clerk  must  attend  the 
sessions  of  the  county  court,  and  keep  a  complete  record 
of  all  its  proceedings.  He  is  an  officer  of  the  judicial 
department  of  the  county  when  thus  acting  as  clerk  of 
the  county  court. 

Marriage  Licenses.     He  issues  marriage  licenses. 

Canvassing  Vote.  After  every  general  election,  the 
county  clerk  and  two  justices  of  the  peace  of  his  county 
canvass  the  votes  of  the  county  and  make  abstracts 
showing  the  number  of  votes  received  by  each  candidate. 
These  abstracts  are  filed  in  the  county  clerk's  office. 

Taxes.  He  computes  the  amount  of  tax  to  be  paid 
by  every  person  subject  to  taxation  in  the  county  and 


COUNTY  GOVERNMENT  59 

supplies  collectors  with  books  which  show  the  amount 
each  person  must  pay. 

COUNTY   TREASURER 

Public  Funds.  The  county  treasurer  must  receive, 
safely  keep,  and  pay  out  according  to  law  all  public 
money  that  may  properly  come  into  his  hands. 

Accounts.  He  must  keep  a  complete  record  of  the 
business  of  his  office.  The  books  containing  this  record 
are  always  open  to  the  inspection  of  the  public.  Why? 

Supervisor  of  Assessments.  In  counties  under  town- 
ship organization  of  less  than  125,000  inhabitants,  the 
county  treasurer  is  ex  officio  supervisor  of  assessments 
of  taxes  in  his  county. 

Report.  The  treasurer  must  report  to  the  county 
board  at  each  of  its  regular  meetings  all  sums  received 
and  paid  out  by  him  since  his  last  report.  These  reports 
are  filed  in  the  county  clerk's  office,  and  are  subject  to 
the  inspection  of  the  public. 

Settlements.  Twice  each  year  the  county  board  must 
make  a  settlement  with  the  treasurer  and  count  the 
funds. 

Re-election.  An  amendment  to  the  state  constitution 
was  adopted  in  1880,  providing  that  no  person  having 
once  been  elected  to  the  office  of  sheriff  or  treasurer  shall 
be  eligible  to  the  same  office  for  four  years  after  the 
expiration  of  the  term  of  office  for  which  he  was  elected. 

RECORDER 

Deeds.  The  recorder  must  copy  into  books  pro- 
vided for  the  purpose  all  deeds,  mortgages,  and  other 
papers  pertaining  to  the  titles  of  lands,  when  the  papers 


fiO  ILLINOIS  AND  THE  NATION 

are  presented  to  him  for  that  purpose.  The  person 
presenting  such  a  paper  must  pay  a  prescribed  fee  in 
order  to  have  it  copied,  or  recorded,  as  it  is  called.  In 
case  a  paper  so  recorded  is  lost,  the  recorder's  books  will 
show  its  contents.  Chattel  mortgages,  or  mortgages 
upon  personal  property,  may  also  be  recorded. 

Records  Open  to  the  Public.  All  records  and  in- 
dexes are  now  open  to  the  public,  and  abstracts  may  be 
taken  from  them  without  charge. 

In  counties  of  less  than  sixty  thousand  inhabitants 
the  circuit  clerk  is  ex  officio  (by  virtue  of  his  office) 
recorder  of  deeds.  In  counties  of  sixty  thousand  or  more 
inhabitants  there  is  a  separate  recorder.  Thirteen 
counties  in  the  state  may  have  separate  recorders  under 
the  census  of  1910. 

COUNTY    SURVEYOR 

Duties.  The  county  surveyor  makes  surveys  within 
his  county  when  called  upon  to  do  so.  He  keeps  a  record 
of  surveys  thus  made.  The  record  is  open  to  the 
inspection  of  all  persons  interested  in  the  surveys. 

SUPERINTENDENT    OF    SCHOOLS 

The  duties  of  county  superintendents  of  schools 
are  given  in  CHAPTER  VIII  on  the  public  school 
system. 

COUNTY    SUPERINTENDENT    OF    HIGHWAYS 

Appointment.  The  county  superintendent  of  high- 
ways is  not  elected  by  the  people  of  the  county,  but  is 
appointed  by  the  county  board  from  among  persons 


COUNTY  GOVERNMENT  61 

found  eligible  for  the  position  by  the  State  Highway 
Commission  upon  competitive  examination. 

Duties.  He  acts  for  his  county  in  all  matters  relating 
to  the  supervision  of  the  construction  and  maintenance 
of  roads  and  bridges  in  which  the  county  is  financially 
interested,  either  alone  or  in  conjunction  with  the  state 
or  with  any  town  or  road  district  of  the  county. 

This  officer  serves  six  years  and  receives  a  salary 
fixed  by  the  county  board.  Only  counties  maintaining 
"state  aid"  roads  have  superintendents  of  highways. 


JUDICIAL  DEPARTMENT' 

Officers.  The  officers  of  the  judicial  department  of 
the  county  are  county  judge,  probate  judge,  county  clerk 
(when  acting  as  clerk  of  the  county  court),  sheriff, 
state's  attorney,  and  coroner.  Although  elected  by  the 
county,  and  termed  a  county  officer,  the  circuit  clerk  is 
really  an  officer  of  the  circuit  court,  and  his  duties  were 
given  in  that  connection.  Review  them. 

Term.     These  officers  are  all  elected  for  four  years. 

Salaries.  Their  salaries  are  fixed  by  the  county 
board. 

COUNTY    COURT 

Judge.  The  county  judge  is  judge  of  the  county 
court. 

Law  Jurisdiction.  The  county  courts  have  exclusive 
jurisdiction  in  suits  authorizing  the  sale  of  real  estate 
for  the  collection  of  taxes. 

They  have  concurrent  jurisdiction  with  the  circuit 
courts  in  all  case>  like  those  in  which  justices  of  the 
peace  have  jurisdiction,  and  in  which  the  amount  in 


62  ILLINOIS  AND  THE  NATION 

dispute  is  not  more  than  one  thousand  dollars.  They 
also  have  concurrent  jurisdiction  with  the  circuit  courts 
in  criminal  cases  when  the  punishment  is  not  imprison- 
ment in  the  penitentiary  or  death ;  and  in  all  cases  of 
appeal  from  justices  of  the  peace  and  police  magistrates. 
When  two  or  more  courts  have  concurrent  jurisdiction 
in  any  matter,  suits  may  be  brought  in  any  one  of  them. 
In  suits  for  two  hundred  dollars  or  less,  justices  of  the 
peace,  county  and  circuit  courts  have  concurrent 
jurisdiction. 

Probate  Jurisdiction.  In  counties  of  less  than 
seventy  thousand  inhabitants,  the  county  court  has 
original  jurisdiction  in  all  matters  relating  to  the  settle- 
ment of  the  estates  of  deceased  persons ;  the  appointment 
of  guardians  of  minors,  and  conservators  of  the  insane 
and  feeble-minded,  and  the  settlement  of  their  accounts ; 
and  in  all  matters  relating  to  apprentices. 

PROBATE    COURT 

Judge.  In  counties  having  more  than  seventy  thou- 
sand inhabitants  a  probate  judge  must  be  elected  to 
attend  to  the  probate  business  of  the  county.  In  this 
case  the  county  court  has  only  law  jurisdiction,  and  a 
separate  probate  court  is  established. 

Clerk.     A  probate  clerk  is  also  elected  in  such  cases. 

Under  the  census  of  1910  only  ten  counties  have 
separate  probate  judges.  They  are  Cook,  Kane,  La  Salle, 
Madison,  Peoria,  Rock  Island,  Sangamon,  St.  Clair,  Ver- 
milion, and  Will. 

SHERIFF 

Attendance  at  Courts.  The  sheriff  must  attend  all 
the  sessions  of  circuit  and  county  courts  and  obey  their 


COUNTY  GOVERNMENT  63 

lawful  orders.  He  convenes  and  adjourns  the  court 
when  directed  to  do  so,  and  preserves  order  in  the  court. 

Service  of  Writs.  The  sheriff  serves  all  warrants, 
summonses,  subpoenas,  executions,  and  other  papers  that 
the  court  may  issue. 

A  warrant  directs  the  sheriff  to  arrest  a  certain  person 
accused  of  a  crime. 

A  summons  directs  the  sheriff  to  summon  a  certain 
person  to  appear  in  court  to  answer  a  demand  made  by 
another  person  named  in  the  summons. 

A  subpoena  commands  a  certain  person  to  appear  in 
court  as  a  witness. 

An  execution  empowers  the  sheriff  to  carry  a  judg- 
ment into  effect.  A  common  form  of  execution  is  that 
which  directs  the  sheriff  to  seize  certain  property  and 
sell  it  to  pay  the  obligations  of  a  person  against  whom 
a  suit  has  been  decided. 

Conservator  of  the  Peace.  Every  sheriff  is  conserv- 
ator of  the  peace  in  his  county,  and  it  is  his  duty  to 
suppress  riots,  fighting,  and  all  breaches  of  the  peace, 
and  to  prevent  crime.  He  may  arrest,  without  a  warrant, 
persons  whom  he  sees  breaking  the  law,  and  take  them 
before  a  magistrate. 

Custodian  of  Court  House.  The  sheriff  has  charge 
of  the  court  house  and  jail  in  his  county. 

Care  of  Prisoners.  He  sees  that  all  prisoners  are 
properly  guarded  and  supplied  with  suitable  food. 

When  prisoners  are  sentenced  to  the  penitentiary  or 
reform  school,  the  sheriff  removes  them  thither.  He 
also  hangs  criminals  condemned  to  death. 

Deputies.  The  sheriff  may  appoint  deputies  to  assist 
him  in  his  work.  These  deputies  have  all  the  powers  of 
the  sheriff,  and  their  official  acts  are  considered  as  acts 
of  the  sheriff,  he  being  responsible  in  all  cases  for  them. 


64  ILLINOIS  AND  THE  NATION 

Ineligible  to  Re-election.  A  person  having-  once  been 
elected  to  the  office  of  sheriff  is  not  eligible  to  re-election 
for  four  years  after  the  expiration  of  the  term  for  which 
he  was  elected. 

STATE'S  ATTORNEY 

Prosecution  of  Criminals.  The  State's  Attorney  sees 
that  offenders  against  the  laws  are  indicted,  arrested,  and 
brought  into  court  for  trial.  He  then  endeavors  to  prove 
their  guilt  and  have  them  punished.  He  is  often  called 
the  "prosecuting  attorney." 

Civil  Suits.  The  State's  Attorney  carries  on,  in  behalf 
of  the  county,  all  lawsuits  brought  for  or  against  it,  and 
in  cases  brought  against  county  officers  as  such,  he 
defends  the  officers. 

Advisory  duties.  He  is  the  legal  adviser  of  all  county 
officers  and  justices  of  the  peace. 


CORONER 

Inquests.  Whenever  the  coroner  is  informed  that 
some  person  within  the  county  has  met  with  death  from 
violence,  accident,  or  any  undue  means,  it  is  his  duty  to 
go  to  the  place,  and,  with  the  aid  of  a  jury,  inquire  into 
the  cause  of  the  death.  Such  an  examination  is  called 
an  inquest.  A  record  of  the  inquest  is  kept  in  a  book 
provided  for  the  purpose.  The  coroner  reports  the  result 
of  the  examination  to  the  county  clerk. 

Arrest  of  Slayer.  If  any  person  is  found  to  be  impli- 
cated in  the  murder  of  the  deceased,  it  is  the  duty  of  the 
coroner  to  arrest  him  and  hold  him  for  further  examina- 
tion and  trial. 


COUNTY  GOVERNMENT 


65 


QUESTIONS  AND  TOPICS  FOR  STUDY 

i.  Name  all  of  the  judicial  officers  of  your  county.  2.  What 
constitutes  the  legislative  department  of  your  county  govern- 
ment ?  3.  Is  your  county  under  township  organization  or  county 
organization?  4.  If  under  county  organization,  name  the  county 
commissioners.  5.  If  under  township  organization,  name  the 
supervisor  from  your  town.  6.  Why  do  you  want  an  honest 
and  capable  man  in  that  office?  7.  Make  a  table  similar  to  the 
following,  and  complete  it  by  furnishing  the  necessary  informa- 
tion. Preserve  for  future  reference.  These  officers  are  all 
elected  by  the  people. 


OFFICE 

LENGTH 
OF  TERM 

8ALAKY 

DUTIES 

PRESENT 
INCUMBENT 

County  Clerk 

Treasurer 

Circuit  Clerk 

State's  Attorney 

Recorder 

Surveyor 

rSupt.  of  Schools 

Sheriff 

• 

County  Judge 

Probate  Judge 

Probate  Clerk 

Coroner 

CHAPTER  V 
TOWN  GOVERNMENT 

LEGISLATIVE  DEPARTMENT 

Annual  Town  Meeting.  On  the  first  Tuesday  of 
April  every  town  in  the  state  holds  its  annual  town 
meeting  for  the  election  of  officers  and  the  transaction 
of  the  business  of  the  town.  Probably  not  five  per  cent 
of  the  voters  of  the  state  now  attend  these  meetings. 
The  town  meeting  has  ceased  to  be  an  effective  means  of 
government. 

Moderator.  At  some  time  between  the  hours  of 
eight  and  nine  o'clock  in  the  forenoon,  the  voters  present 
are  called  together  by  the  town  clerk.  One  of  their 
number  is  chosen  moderator,  and  two  judges  appointed 
by  the  county  board  take  their  places  as  judges  of  the 
election.  The  moderator  is  a  judge  of  the  election,  and 
also  presides  over  the  meeting  during  the  transaction 
of  miscellaneous  business.  The  moderator  must  take 
an  oath  before  entering  upon  the  duties  of  his  office. 

Clerk.  The  town  clerk  last  elected  is  clerk  of  the 
annual  town  meeting,  and  must  keep  a  full  and  faithful 
record  of  all  its  proceedings. 

Manner  of  Voting.  The  town  clerk  must  supply  a 
suitable  ballot  box.  This  box,  made  of  tin  or  wood,  is 
shown  to  be  empty  at  the  beginning  of  the  election,  and 
is  then  kept  locked  until  the  voting  is  done. 

In  1891  the  legislature  passed  an  election  law  mod- 


TOWN  GOVERNMENT  67 

eled  after  what  is  known  as  the  "Australian  System." 
All  ballots  are  printed  at  public  expense.  The  names  of 
the  candidates  of  all  parties  are  put  upon  one  ballot, 
under  proper  headings.  No  "ticket  '  peddlers"  are 
allowed,  and  no  "electioneering"  can  be  done  within  one 
hundred  feet  of  the  polls.  The  voter  enters  the  polling 
place  and  gives  his  name  to  one  of  the  judges  who  calls 
it  out  in  a  loud  tone  of  voice.  If  the  person  is  found  to 
be  entitled  to  vote  he  is  allowed  to  enter  a  space  enclosed 
by  a  guard  rail.  A  judge  of  election  then  gives  him  one 
ticket,  and  only  one,  which  the  voter  takes  into  an 
enclosed  place  called  a  booth,  where,  all  alone  and  out 
of  sight  of  everybody,  he  marks  the  names  of  the  candi- 
dates for  whom  he  wishes  to  vote.  If  he  cannot  read,  or 
is  physically  unable  to  mark  his  ballot,  two  election 
officers  assist  him,  but  are  not  allowed  thereafter  to  tell 
how  he  voted.  The  voter,  having  marked  his  ballot,  folds 
it  so  as  to  conceal  the  marks  made  by  him  thereon,  and, 
leaving  the  booth,  hands  it  to  an  election  judge,  who 
places  it  in  the  ballot  box  without  numbering  it,  as  was 
formerly  done.  The  voter  then  passes  out  and  is  not 
again  allowed  to  enter  the  space  enclosed  by  the  guard 
rail  during  that  election,  nor  can  he  by  any  means  carry 
a  ballot  away  with  him. 

When  the  polls  are  closed,  the  ballot  box  is  opened 
by  the  judges  and  the  votes  are  canvassed — that  is,  the 
names  of  the  persons  voted  for  each  office  are  ascer- 
tained, and  a  record  made  of  the  number  of  votes  each 
person  receives.  The  result  of  the  election  is  then 
publically  announced.  All  Illinois  elections,  except  for 
school  officers,  are  conducted  in  this  way.  And  in  school 
districts  of  more  than  1,000  inhabitants  operating  under 
the  general  school  law  the  principal  features  of  this 
system  apply  to  the  election  of  the  board  of  education. 


68  ILLINOIS  AND  THE  NATION 

Miscellaneous  Business.  At  two  o'clock  in  the  after- 
noon the  polls  are  closed  temporarily  and  the  moderator 
calls  the  meeting  to  order  for  the  transaction  of  mis- 
cellaneous business. 

All  questions  are  decided  by  a  majority  of  the  legal 
voters  present.  The  following  are  the  most  important 
matters  that  may  be  acted  upon : 

Taxes.  Money  may  be  directed  to  be  raised  by  tax- 
ation for  constructing  or  repairing  roads  and  bridges, 
for  the  prosecution  or  defense  of  lawsuits  for  or  against 
the  town,  and  for  a  few  other  purposes. 

Lawsuits.  The  meeting  may  instruct  the  proper 
officers  concerning  the  lawsuits  of  the  town. 

Canada  Thistles.  Rewards  may  be  offered  for  the 
destruction  of  Canada  thistles  and  other  noxious  weeds. 

Fences.  The  meeting  may  determine  what  shall  be 
a  lawful  fence  in  the  town. 

Trees.  Action  may  be  taken  to  induce  the  planting 
of  trees  along  the  highways.  Premiums  may  be  given 
for  this  purpose. 

Stock.  The  meeting  may  restrain  and  regulate  the 
running  at  large  of  stock,  establish  and  maintain  a  pound, 
appoint  a  poundmaster  and  prescribe  his  duties. 

Public  Wells.  Public  wells  and  water  places  may 
be  provided  for,  and  their  use  regulated. 

Public  Health.  Measures  may  be  taken  to  prevent 
unhealthfulness  in  the  town. 

Road  Tax.  The  voters  may  determine  whether  the 
road  tax  of  the  town  shall  be  paid  in  money  or  in  labor. 

Reports  of  Officers.  The  voters  receive  and  act  upon 
the  reports  of  officers  for  the  past  year. 

When  the  miscellaneous  business  is  concluded,  the 
moderator  so  announces,  the  polls  are  reopened,  and  the 
voting  continues  till  time  for  closing  the  polls. 


TOWN  GOVERNMENT  69 

Voters.  All  men  twenty-one  or  more  years  of  age 
who  are  citizens  of  the  United  States  and  who  have 
resided  in  the  state  one  year,  in  the  county  ninety  days, 
and  in  the  election  district  thirty  days,  are  entitled  to 
vote  at  the  annual  town  meeting,  and  at  all  other 
elections  in  this  state. 

Woman  Suffrage.  By  an  act  of  the  legislature  passed 
in  1913,  all  women,  citizens  of  the  United  States,  above 
the  age  of  twenty-one  years,  having  resided  in  the  state 
one  year,  in  the  county  ninety  days  and  in  the  election 
district  thirty  days  next  preceding  any  election  therein, 
shall  be  allowed  to  vote  at  such  election  for  presidential 
electors,  members  of  the  state  board  of  equalization, 
clerk  of  the  appellate  court,  county  surveyor,  supervisor, 
town  clerk,  assessor,  collector,  highway  commissioner, 
and  for  all  officers  of  cities,  villages,  and  towns,  except 
police  magistrates.  Where  such  officers  are  elective, 
such  women  may  vote  for  members  of  the  board  of 
assessors,  members  of  the  board  of  review,  and  for  sani- 
tary district  trustees.  They  may  also  vote  upon  all 
questions  or  propositions  submitted  to  a  vote  of  the 
electors  of  municipalities  or  other  political  divisions  of 
the  state,  and  at  all  town  meetings. 

Separate  ballot  boxes  and  ballots  must  be  provided 
for  women.  Where  registration  is  required,  women 
must  register  in  the  same  manner  as  men. 

Primary  Elections.  The  primary  election  laws  of 
1910  provide  that  the  primaries  of  all  political  parties 
shall  be  held  at  the  same  time  and  place  and  that  the 
expenses  thereof  shall  be  paid  out  of  public  funds  in  the 
same  manner  as  in  case  of  regular  elections. 

At  primary  elections  each  party  is  provided  at  public 
expense  with  separate  ballots  bearing  a  distinctive  color 
and  containing  the  names  of  none  but  candidates  of  that 


70  ILLINOIS  AND  THE  NATION 

party.  The  names  of  candidates  are  put  upon  their  party 
ballots  by  petition  and  in  the  order  in  which  the  petitions 
are  filed  as  required  by  law. 

The  primary  election  laws  apply  to  the  nomination 
of  candidates  for  all  elective  offices,  except  presidential 
electors,  trustees  of  the  University  of  Illinois,  township 
(so-called)  and  school  officers.  These  laws  also  apply 
to  the  election  of  all  precinct,  senatorial  and  state  central 
committeemen.  An  advisory  vote  may  be  taken  upon 
candidates  for  President  of  the  United  States. 

Who  May  Vote.  Every  voter  at  a  primary  election 
is  required  to  state  the  name  of  the  party  with  which 
he  affiliates,  and  one  of  the  judges  must  announce  the 
name  of  the  voter,  his  residence,  and  his  party  affiliation 
in  a  distinct  tone  of  voice,  loud  enough  to  be  heard  by  all 
persons  in  the  polling  place. 

No  person  is  entitled  to  vote  at  a  primary  election 
who  shall  have  signed  a  petition  for  the  nomination  of  a 
candidate  of  another  party  or  of  an  independent  candi- 
date, nor  if  he  shall  have  voted  with  another  political 
party  at  a  primary  within  two  years. 

Women  may  vote  at  any  primary  for  the  nomination 
of  candidates  for  such  offices  as  women  may  vote  for  at 
the  election  for  which  the  primary  is  held.  Separate 
ballots  and  ballot  boxes  are  provided  for  women,  their 
ballots  containing  only  the  names  of  candidates  for 
whom  women  are  entitled  to  vote. 

Plurality  Vote.  The  person  receiving  the  highest 
number  of  votes  at  a  primary  election  as  a  candidate  of 
a  party  for  a  given  office  becomes  the  nominee  of  his 
party  for  such  office  by  virtue  of  such  vote.  Tie  votes 
are  decided  by  lot  as  provided  by  law.  Party  conven- 
tions no  longer  have  anything  to  do  with  nominations 
for  offices  to  which  the  primary  election  laws  apply. 


TOWN  GOVERNMENT  71 

Special  Town  Meetings.  The  supervisors,  town 
clerk,  and  a  justice  of  the  peace,  or  any  two  of  these 
officers  together  with  at  least  fifteen  voters  of  the  town, 
may  cause  a  special  town  meeting  to  be  held,  by  filing 
with  the  town  clerk  a  statement,  in  writing,  that  such 
a  meeting  is  necessary  for  the  good  of  the  town.  The 
objects  of  the  meeting  must  be  given  in  the  statement. 

Notice  of  the  meeting  is  given  in  the  same  manner, 
and  for  the  same  length  of  time  as  for  annual  town 
meetings.  The  notice  must  state  the  objects  of  the 
meeting  as  given  in  the  written  statement  filed  with  the 
town  clerk,  and  no  business  can  be  done  except  that  for 
which  the  meeting  was  called.  Why  this  provision? 

EXECUTIVE  DEPARTMENT 

Officers.  The  executive  officers  of  the  town  are 
supervisor,  clerk,  assessor,  collector,  and  highway  com- 
missioners. There  is  no  town  treasurer.  The  supervisor 
and  one  of  the  highway  commissioners  have  charge  of 
all  town  funds.  There  is  a  township  treasurer,  but  he 
holds  nothing  except  touttship  school  funds.  He  is  a 
school  officer,  and  his  duties  will  be  discussed  in 
CHAPTER  VIII  on  the  public  school  system. 

The  town  officers  are  all  elected  at  the  annual  town 
meeting. 

SUPERVISORS 

Town  Funds.  The  supervisor  receives  and  pays  out 
all  funds  for  the  expenses  of  the  town,  except  for  road 
and  bridge  purposes. 

Lawsuits  of  the  Town.  The  supervisor  prosecutes 
suits  for  the  recovery  of  penalties  and  forfeitures  due 


72  ILLINOIS  AND  THE  NATION 

the  town.  When  the  supervisor's  bond  is  forfeited,  the 
town  clerk  prosecutes  the  suit. 

Account  and  Settlement.  The  supervisor  must  keep 
strict  account  of  all  sums  -of  money  received  and  paid 
out  for  the  town,  and  on  the  Tuesday  preceding  the 
annual  town  meeting  he  must  make  a  settlement  with 
the  board  of  town  auditors. 

County  Board.  All  supervisors,  except  of  the  towns 
in  Cook  County,  must  attend  all  meetings  of  the  county 
board. 

Town  Paupers.  The  supervisor  is  overseer  of  the 
paupers  of  the  town.  It  is  his  duty  to  furnish  them 
proper  relief  at  the  expense  of  the  town  or  county. 

Statement.  One  week  before  the  annual  town  meet- 
ing the  supervisor  must  file  with  the  town  clerk  a 
statement  showing  what  sums  of  money  are  due  the 
town,  and  also  what  sums  the  town  owes.  This  state- 
ment must  be  copied  by  the  town  clerk  into  the  town 
records  and  read  at  the  town  meeting. 

Term.     Supervisors  are  elected  for  two  years. 

Assistant  Supervisors.  In  towns  of  four  thousand 
inhabitants  there  must  be  elected  one  assistant  super- 
visor, and  for  every  twenty-five  hundred  inhabitants 
above  four  thousand  another  assistant  supervisor  is 
added.  These  have  no  authority  in  town  affairs,  except 
as  members  of  the  board  of  health.  As  members  of  the 
county  board  they  have  the  same  powers  as  the  principal 
supervisor. 

TOWN    CLERK 

Records.  The  town  clerk  has  custody  of  all  records, 
books,  and  papers  of  the  town. 

Town  Meetings.  He  records  in  a  book  provided  for 
the  purpose  the  proceedings  of  every  town  meeting, 


TOWN  GOVERNMENT  73 

including  all  rules  and  regulations  adopted  at  such 
meeting.  He  also  records  the  acts  of  the  board  of  the 
town  auditors,  and  is  clerk  of  highway  commissioners. 

Certificates.  If  it  be  voted  at  any  town  meeting 
to  raise  money  for  any  purpose,  the  clerk  must  de- 
liver to  the  supervisor  before  the  annual  meeting  of 
the  county  board  a  certificate  of  his  record  of  such 
vote. 

He  must  certify  to  the  county  clerk,  on  or  before  the 
second  Tuesday  in  August,  the  amount  of  taxes  to  be 
raised  for  all  town  purposes. 

Elections.  He  provides  at  public  expense  the  ballots 
to  be  used  in  the  town  elections.  The  form  of  this  ballot 
is  prescribed  by  law. 

Term.     The  town  clerk  is  elected  for  two  years. 

ASSESSOR 

Value  of  Property.  It  is  the  duty  of  the  assessor  to 
set  a  value  upon  the  property  of  every  property  holder 
in  his  town,  and  to  write  such  value  in  a  book  prepared 
for  the  purpose.  This  book,  when  the  assessments  are 
completed,  is  delivered  to  the  county  clerk.  When  all 
the  assessor's  books  in  the  county  have  been  returned 
to  him,  the  county  clerk  ascertains  the  total  valuation 
put  upon  the  taxable  property  within  the  county.  From 
the  tax  levies  made  and  filed  in  his  office  by  the  various 
officers  who  are  authorized  to  levy  taxes,  he  ascertains 
the  total  amount  to  be  raised  by  taxation  in  his  county. 
By  finding  the  percentage  that  this  amount  is  of  the 
assessed  value  of  all  the  property,  he  obtains  what  is 
called  the  rate  per  cent  of  taxation.  The  assessed  value 
of  a  man's  property  multiplied  by  this  rate  per  cent 
will  give  the  amount  of  his  tax. 


74  ILLINOIS  AND  THE  NATION 

Supervisor  of  Assessments.  In  counties  under  town- 
ship organization  of  less  than  125,000  inhabitants,  the 
county  treasurer  is  ex  officio  supervisor  of  assessments 
in  his  county.  He  has  the  same  power  as  an  assessor  to 
assess- and  to  make  changes  or  alterations  in  the  assess- 
ment of  property. 

Board  of  Review.  In  counties  in  which  the  treasurer 
is  supervisor  of  assessments  there  is  a  board  of  review 
consisting  of  the  chairman  of  the  county  board  and  two 
citizens  of  the  county  appointed  by  the  county  judge. 
They  review  the  assessments  made  by  the  supervisor  of 
assessments.  They  have  power  to  increase,  reduce,  or 
otherwise  adjust  the  assessment  of  any  individual  or 
corporation. 

Cook  County,  having  over  125,000  inhabitants,  has  a 
different  system.  It  has  a  board  of  assessors,  five  in 
number,  who  serve  six  years.  They  employ  a  chief 
clerk  and  deputy  assessors.  Each  member  of  the  board 
of  assessors  receives  $3,600  per  annum. 

COLLECTOR 

Collector  of  Taxes.  The  collector,  as  his  name 
implies,  collects  the  taxes  of  the  town  and  pays  them 
over  to  the  proper  officers. 

Term.  The  assessor  and  collector  are  elected  for  two 
years.  The  same  person  may  be  chosen  for  both  offices. 

HIGHWAY    COMMISSIONERS 

Number.  There  are  three  commissioners  of  high- 
ways elected  in  every  town.  On  the  second  Tuesday 
after  their  election  they  must  meet  at  the  town  clerk's 
office  and  elect  one  of  their  number  president. 


TOWN  GOVERNMENT  75 

Treasurer.  The  town  supervisor  is  ex  officio  treas- 
urer of  the  town  road  and  bridge  fund.  He  receives  all 
money  collected  in  the  town  for  road  and  bridge  pur- 
poses, and  pays  it  out  on  the  order  of  two  or  more  of 
the  highway  commissioners. 

Roads  and  Bridges.  The  commissioners  build,  re- 
pair or  vacate  roads  and  bridges. 

Tools  and  Implements.  The  commissioners  pur- 
chase for  the  use  of  the  town  such  plows,  scrapers,  and 
other  implements  as  may  be  necessary/and  have  charge 
of  them  at  all  times. 

Drainage.  The  commissioners  have  charge  of  road 
drainage  and  may  contract  with  the  owners  of  adjoining 
lands  regarding  tile  drains. 

Other  Duties.  It  is  the  duty  of  the  highway  com- 
missioners to  put  up  guide  boards  at  the  forks  and 
crossings  of  the  most  important  public  roads;  also  to 
keep  noxious  weeds  from  seeding.  They  may  provide 
public  wells  with  suitable  fixtures  at  the  most  important 
crossings  and  at  other  suitable  places. 

Road  Tax.  The  commissioners  must  annually  levy 
a  tax  sufficient  for  all  road  and  bridge  purposes  for  the 
ensuing  year,  but  this  tax  cannot  exceed  the  rate  of 
thirty-six  cents  on  one  hundred  dollars. 

Term.  The  highway  commissioners  are  elected  for 
three  years,  one  being  elected  annually. 

TOWN    BOARDS 

Board  of  Appointment.  Whenever  there  is  a  vacancy 
in  any  town  office,  from  any  cause,  the  justices  of  the 
peace  of  the  town,  together  with  the  supervisor  and  the 
town  clerk,  may  choose  some  one  to  fill  such  vacancy  for 
the  remainder  of  the  term. 


76  ILLINOIS  AND  THE  NATION 

Board  of  Town  Auditors.  The  supervisor,  town 
clerk,  and  justices  of  the  peace  of  every  town  constitute 
the  board  pf  town  auditors. 

The  board  meets  at  the  town  clerk's  office  twice  each 
year — on  the  Tuesday  before  the  annual  meeting  of  the 
county  board,  and  on  the  Tuesday  before  the  annuai 
election.  At  these  times  they  examine  the  accounts  of 
the  supervisor  and  commissioners  of  highways  of  the 
town,  and  audit  all  claims  against  the  town  and  the 
salaries  of  all  town  officers,  except  those  of  supervisors 
for  county  services. 

Commissioner  of  Canada  Thistles.  The  board  of 
auditors  may  appoint,  when  necessary,  a  commissioner 
of  Canada  thistles,  whose  duty  it  is  to  destroy  all 
Canada  thistles  growing  in  the  town.  He  is  appointed 
for  three  years. 

Board  of  Health.  The  supervisors,  assessors,  and 
town  clerk  of  every  town  constitute  a  board  of  health. 
It  is  their  duty  to  make  and  enforce,  when  necessary, 
such  regulations  as  may  tend  to  check  the  spreading  of 
contagious  diseases  in  the  town. 

JUDICIAL  DEPARTMENT 

Officers.  The  judicial  officers  of  the  town  are  justices 
of  the  peace  and  constables.  There  are  at  least  two 
justices  and  two  constables  in  every  town,  and  one 
justice  and  one  constable  additional  for  every  one  thou- 
sand inhabitants  above  two  thousand,  until  there  are 
five  of  each. 

Term.  Justices  of  the  peace  and  constables  are 
elected  for  four  years. 

In  Chicago  justices  have  been  superseded  by  the 
judges  of  the  municipal  court. 


TOWN  GOVERNMENT  77 


JUSTICES    OF   THE    PEACE 

Civil  Suits.  Justices  of  the  peace  have  jurisdiction 
in  civil  cases  in  which  the  amount  in  dispute  does  not 
exceed  two  hundred  dollars. 

Criminal  Affairs.  Justices  have  original  jurisdiction 
in  all  cases  of  misdemeanor  when  the  punishment  is  by 
fine  only,  and  the  fine  does  not  exceed  two  hundred 
dollars,  and  in  all  cases  of  assault,  and  assault  and 
battery. 

A  misdemeanor  is  an  offense  not  punishable  with 
death  or  imprisonment  in  the  penitentiary. 

When  an  offense  is  punishable  with  death  or  impris- 
onment in  the. penitentiary,  it  is  a  felony. 

An  assault  is  an  attempt,  coupled  with  present  ability, 
of  one  person  to  do  a  violent  injury  to  another. 

Assault  and  battery  is  the  unlawful  beating  of 
another. 

Preliminary  Examination.  When  a  person  is  sus- 
pected or  accused  of  felony,  he  may  be  arrested  and 
brought  before  a  justice  for  a  preliminary  examina- 
tion. 

If  the  justice,  or  the  jury  summoned  by  the  justice, 
has  just  cause  to  believe  him  guilty,  he  is  held  to  bail  or 
sent  to  jail  to  await  the  action  of  the  grand  jury. 

•  When  a  prisoner  is  held  to  bail,  he  procures  a  suffi- 
cient number  of  responsible  persons  who  will  pledge 
themselves  in  writing  to  pay  into  the  public  treasury  a 
certain  sum  of  money,  if  the  prisoner,  being  set  free,  does 
not  appear  in  court  on  a  certain  day. 

After  a  person  has  had  his  preliminary  hearing,  he 
must  be  indicted  by  the  grand  jury  before  he  can  be 
brought  to  trial  for  a  felony. 


78 


ILLINOIS  AND  THE  NATION 


CONSTABLES 

Duties.  Constables  must  keep  the  public  peace  by 
arresting  all  persons  who  break  the  laws  in  their  pres- 
ence, and  must  promptly  serve  the  writs  issued  by  the 
justices  and  other  magistrates.  All  judges  and  justices 
of  the  peace  are  also  conservators  of  the  peace  within 
their  respective  jurisdictions. 

QUESTIONS  AND  TOPICS  FOR  STUDY 

I.  When  is  the  annual  town  meeting  held?  2.  What  is 
meant  by  primary  election?  3.  Name  the  elective  township 
officers.  4.  What  powers  have  justices  of  the  peace?  5.  (a) 
What  is  a  misdemeanor?  (b)  A  felony?  6.  (a)  Make  a  copy 
of  the  following  table,  (b)  Complete  it  by  supplying  the 
needed  information.  (c)  Preserve  for  future  reference. 


OFFICE 

LENGTH 
OF  TERM 

SALARY 

DUTIES 

PRESENT 
INCUMBENT 

Supervisor 

Asst.  Supervisor 

Town  Clerk 

Collector 

Assessor 

Highway  Commis- 
sioners (3) 

Justices  of  Peace 

Constable 

CHAPTER  VI 
CITY  AND  VILLAGE  GOVERNMENT 

LEGISLATIVE  DEPARTMENT 

Cities  Under  Special  Charters.  Prior  to  1870,  cities 
could  obtain  from  the  legislature  special  charters  for 
their  government.  These  charters  gave  the  cities  to 
which  they  were  granted  certain  privileges,  named  and 
denned  the  duties  of  the  officers,  and  were  the  basis  of 
the  city  governments.  The  constitution  of  1870  pro- 
hibits the  granting  of  such  special  charters,  or  the  amend- 
ment of  those  already  granted. 

Cities  Under  the  General  Law.  Since  the  adoption 
of  the  new  constitution,  all  cities  have  been  incorporated 
under  the  general  law.  The  governments  of  cities  under 
special  charters  often  differ  from  one  another  very  ma- 
terially, while  under  the  general  law  all  cities  are  gov- 
erned in  the  same  manner.  The  following  discussion 
applies  to  cities  organized  under  the  general  law: 

City  Council.  The  city  council  consists  of  the  mayor 
and  aldermen. 

The  mayor  has  no  vote  except  in  case  of  a  tie.  He 
is  the  presiding  officer,  rather  than  a  member,  of  the 
council. 

The  aldermen  are  from  six  to  seventy  in  number, 
according  to  the  population  of  the  city,  and  are  elected 
for  two  years. 

Wards.  For  convenience  in  electing  aldermen,  cities 
are  divided  by  the  city  council  into  half  as  many  wards 

79 


80  ILLINOIS  AND  THE  NATION 

as  there  are  aldermen,  one  alderman  being  elected  from 
each  ward  annually  on  the  third  Tuesday  in  April. 
Wards  must,  as  nearly  as  practicable,  have  an  equal 
number  of  inhabitants,  and  be  formed  of  compact  and 
contiguous  territory. 

Meetings.  The  council  determines  the  time  and  place 
of  its  regular  and  special  meetings.  All  meetings  are 
open  to  the  public'. 

Powers  of  City  Councils.  The  general  law  defines 
ninety-six  different  powers  of  city  councils.  The  follow- 
ing are  among  the  most  important: 

Ordinances.  The  council  passes  ordinances  for  the 
government  of  the  city,  and  fixes  such  penalties  as  it  may 
deem  necessary,  but  no  fine  can  exceed  two  hundred 
dollars,  and  no  imprisonment  can  exceed  six  months  for 
one  offense. 

Animals  at  Large.  The  council  may  prohibit  the 
running  at  large  of  animals,  including  geese  and  dogs, 
and  may  impose  a  tax  on  dogs. 

Taxes.  The  council  has  power  to  levy  and  collect 
taxes  for  general  and  special  purposes. 

Officers.  The  council  acts  upon  all  appointments  of 
officers  made  by  the  mayor,  and  may  confirm  or  reject 
them. 

Pay  of  Aldermen.  The  pay  of  aldermen  is  fixed  by 
the  city  council,  but  must  not  exceed  three  dollars  to 
each  alderman  for  each  meeting  of  the  council.  No  other 
compensation  is  allowed.  In  Chicago  each  alderman 
receives  $1,500  a  year. 

EXECUTIVE  DEPARTMENT 

Mayor.  The  chief  executive  officer  of  a  city  is  the 
mayor,  who  is  elected  for  two  (in  Chicago,  four)  years. 


CITY  AND  VILLAGE  GOVERNMENT  81 

He  presides  over  the  meetings  of  the  city  council,  and 
has  a  vote  in  case  of  a  tie.  He  may  also  veto  any  ordi- 
nance passed  by  the  council.  Two-thirds  of  all  the 
members  elected  to  the  city  council  may  pass  an  ordi- 
nance over  the  mayor's  veto.  In  these  respects  the 
mayor's  duties  pertain  rather  to  the  legislative  depart- 
ment. 

Appointment  of  Officers.  The  mayor  may,  with  the 
consent  of  the  council,  appoint  certain  officers.  At  such 
times  the  council  exercises  executive  power. 

Message.  The  mayor  must  present  to  the  city  coun- 
cil, at  least  once  a  year,  a  message  regarding  the  affairs 
of  the  city,  and  recommend  for  their  consideration  such 
measures  as  he  may  deem  expedient. 

Compensation.  The  compensation  of  the  mayor  and 
of  all  the  other  city  officers  is  fixed  by  the  council,  and 
cannot  be  changed  during  the  term  for  which  they  are 
elected. 

City  Clerk.  A  city  clerk  is  elected  in  every  city  for 
two  years.  He  is  the  custodian  of  the  corporate  seal,  and 
of  all  papers  belonging  to  the  city.  He  must  attend  the 
meetings  of  the  city  council  and  keep  a  record  of  its 
proceedings.  He  must  record  in  a  book  kept  for  that 
purpose  all  ordinances  passed  by  the  council. 

City  Treasurer.  This  officer  is  elected  for  two  years 
and  has  charge  of  the  city  funds.  His  duties  are  much 
the  same  as  those  of  the  county  treasurer. 

Assessor  and  Collector.  Instead  of  having  the  city 
taxes  assessed  and  collected  by  the  same  officers  and  at 
the  same  time  as  other  taxes,  the  city  may  elect  a  city 
assessor  and  a  city  collector. 

Other  Officers.  By  a  vote  of  two-thirds  of  all  the 
aldermen  elected,  the  city  council  may  provide  for  the 
election  by  the  legal  voters,  or  for  the  appointment  by 


82  ILLINOIS  AND  THE  NATION 

the  mayor,  of  certain  other  officers.  Among  those  who, 
when  so  appointed  or  elected,  have  executive  authority, 
are  a  city  comptroller  and  a  superintendent  of  streets. 

City  Comptroller.  The  city  comptroller  is  the  special 
guardian  of  the  funds  of  the  city.  He  has  general  super- 
vision over  all  city  officers  who  handle  the  city  funds, 
and  makes  an  annual  estimate  of  the  amount  of  money 
necessary  to  run  each  department  of  the  city  government 
for  the  ensuing  year. 

Superintendent  of  Streets.  This  officer  has  general 
supervision  of  the  streets. 

JUDICIAL  DEPARTMENT 

City  Courts.  In  cities  having  five  thousand  or  more 
inhabitants,  there  may  be  city  courts  which  shall  at  all 
times  have  concurrent  jurisdiction  with  circuit  courts, 
except  for  the  crimes  of  treason  and  murder.  A 
judge  and  a  clerk  of  the  city  court  are  elected  for  four 
years. 

Police  Magistrates.  Police  magistrates,  having  the 
same  jurisdiction  as  justices  of  the  peace,  may  be  elected 
in  cities  and  villages  for  four  years. 

Justices  of  the  peace  have  jurisdiction  in  all  matters 
pertaining  to  city  and  village  ordinances. 

Corporation  Counsel.  There  may  be  elected,  or  ap- 
pointed, a  corporation  counsel,  whose  relation  to  the  city 
and  its  officers  is  much  the  same  as  that  of  the  Attorney- 
General  to  the  state  and  state  officers.  Only  large  cities 
have  need  of  such  an  officer. 

City  Attorney.  This  officer  is  elected  in  every  city 
for  two  years.  He  prosecutes  offenders  against  the  city 
ordinances,  advises  the  city  council  and  other  officers, 
and  conducts  the  lawsuits  of  the  city. 


CITY  AND  VILLAGE  GOVERNMENT  83 

City  Marshal  and  Policemen.  The  mayor,  with  the 
consent  of  the  council,  may  appoint  a  city  marshal  and 
a  sufficient  number  of  policemen.  The  marshal  is  at  the 
head  of  the  police  force,  and  has  all  the  powers  of  a 
constable.  The  sheriff  of  the  county,  or  any  other  con- 
stable, may  serve  any  processes  or  make  any  arrests 
authorized  to  be  made  by  the  city  marshal. 

The  mayor  and  the  members  of  the  city  and  village 
councils  are  conservators  of  the  peace,  and  may  make 
arrests  for  violation  of  ordinances  or  of  any  criminal 
law  of  the  state,  with  or  without  warrants. 

Trustees  of  Villages.  Villages  are  governed  very 
much  the  same  as  cities.  In  place  of  the  city  council 
there  is  a  board  of  trustees,  six  in  number,  elected  for 
two  years.  A  president  of  the  board  is  also  elected 
every  second  year.  He  has  about  the  same  powers  as  the 
mayor  of  a  city,  and  the  trustees  have  powers  similar 
to  those  of  aldermen.  The  president  has  a  vote  only  in 
case  of  a  tie. 

The  president  and  board  of  trustees  may  appoint  a 
treasurer,  one  or  more  street  commissioners,  a  village 
constable,  and  a  few  other  officers. 

Elections.  City  and  village  elections  are  conducted 
under  the  Australian  system.  (See  specimen  ballot.) 


QUESTIONS  AND  TOPICS  FOR  STUDY 

i.  Do  you  live  in  an  incorporated  village?  2.  If  you  do, 
make  a  list  of  the  officers  of  your  village  and  give  the  duties  of 
each.  3.  Do  you  live  in  a  city?  4.  If  so,  is  it  under  the  general 
law,  special  charter,  or  commission  form  of  government? 
5.  If  your  city  is  under  the  general  law  or  special  law,  name 
the  mayor,  the  aldermen  from  your  ward,  the  city  clerk,  and 
the  chief  of  police.  6.  Has  your  city  a  city  court? 


CHAPTER  VII 

COMMISSION   FORM   OF   MUNICIPAL 
GOVERNMENT 

Organization.  No  other  governmental  problem  oJ 
our  age  presents  so  many  difficulties  as  does  the  prob- 
lem of  efficient  control  of  our  cities.  In  seeking  a  solu- 
tion of  this  problem  the  commission  form  of  government 
has  been  evolved.  It  may  be  adopted  in  any  city  no\v 
under  the  general  law  which  has  a  population  not  exceed- 
ing 200,000.  Upon  petition  of  a  number  of  voters  equal 
to  one-tenth  of  the  votes  cast  for  all  candidates  foi 
mayor  or  president  of  the  board  of  trustees  at  the  last 
preceding  election  of  such  officer,  an  election  must  be 
held  in  any  such  city  or  village  for  the  purpose  of  voting 
for  ar  against  the  adoption  of  the  commission  form  oi 
government  for  such  municipality.  If  a  majority  of  the 
votes  cast  are  in  favor  of  the  adoption  of  that  form  oi 
government,  steps  must  immediately  be  taken  to  put  th<; 
same  in  operation. 

Officers.  Under  this  form  of  government  there  are 
elected  for  a  term  of  four  years  a  mayor  and  four  com- 
missioners. All  divisions  of  the  municipality  into  wards 
are  discontinued  and  these  officers  are  all  nominated  and 
elected  at  large. 

Nomination  and  Election.  Preceding  every  election 
of  mayor  and  commissioners  a  primary  at  large  is  held 
at  which  the  official  primary  ballot  contains  the  names, 

84 


COMMISSION  FORM  OF  GOVERNMENT  85 

in  alphabetical  order,  of  all  candidates  for  mayor,  and 
also  of  all  candidates  for  commissioner.  At  the  head  of 
the  list  of  candidates  for  mayor  is  printed,  "Vote  for 
one,"  and  at  the  head  of  the  list  of  candidates  for  com- 
missioner is  printed,  "Vote  for  four." 

At  the  election  following  the  primary,  the  official  bal- 
lot contains  as  candidates  for  mayor  the  names  of  the 
two  persons  who  received  the  highest  number  of  votes 
for  mayor  at  the  primary;  and  as  candidates  for  com- 
missioner the  names  of  the  eight  persons  (if  there  be  so 
many)  who  received  the  highest  number  of  votes  for 
commissioner  at  the  primary.  Any  voter,  however,  can 
vote  for  some  other  person  for  either  mayor  or  commis- 
sioner by  writing  the  name  of  such  other  person  in  the 
proper  blank  space  on  the  ballot  and  making  a  cross 
opposite  the  name  in  due  form.  Like  the  primary  ballot, 
the  election  ballot  contains  the  direction  "Vote  for  one" 
for  mayor  and  "Vote  for  four"  for  commissioner.  The 
candidate  for  mayor  and  the  four  candidates  for  com- 
missioner receiving  the  highest  number  of  votes  at  the 
election  are  duly  declared  to  be  elected. 

The  Council.  The  mayor  and  the  four  commissioners 
constitute  the  city  or  village  council.  Each  has  a  right 
to  vote  upon  all  questions  coming  before  the  council,  and 
every  member,  including  the  mayor,  present  at  any  meet- 
ing must  vote  on  every  motion,  resolution,  or  ordinance 
whenever  a  vote  is  taken.  Every  motion,  resolution,  or 
ordinance  must  be  reduced  to  writing  and  read  before  a 
vote  is  taken,  and  upon  every  vote  the  "yeas"  and  "nays" 
must  be  called  and  recorded. 

The  powers  of  the  council  are  the  same  as  those  of 
similar  bodies  under  the  general  law.  The  mayor  has 
no  veto,  however.  Every  measure  passed  by  the  council 
must  be  signed  by  the  mayor,  or  by  two  commissioners, 


86  ILLINOIS  AND  THE  NATION 

and  recorded  before  it  shall  be  in  force.  Three  members 
of  the  council  constitute  a  quorum  and  three  affirmative 
votes  are  necessary  to  pass  any  motion  or  measure. 

Executive  Department.  The  executive  powers, 
authority,  and  duties  in  "commission  form"  cities  and 
villages  are  distributed  among  five  departments,  as 
follows : 

1.  Department  of  public  affiairs. 

2.  Department  of  accounts  and  finances. 

3.  Department  of  public  health  and  safety. 

4.  Department  of  streets  and  public  improvements. 

5.  Department  of  public  property. 

The  council  determines  the  powers  and  duties  of  each 
department.  It  also  prescribes  the  powers  and  duties  of 
officers  and  employees  and  assigns  them  to  one  or  more 
departments.  In  addition,  the  council  may  make  all  rules 
and  regulations  necessary  for  the  efficient  and  econom- 
ical conduct  of  the  business  of  the  municipality. 

The  mayor  is  commissioner  of  public  affairs  and  su- 
perintendent of  that  department.  The  council  designates 
by  a  majority  vote  one  commissioner  to  be  commissioner 
in  charge  of  one  of  the  other  departments  until  every 
department  is  provided  with  a  commissioner  who  acts  as 
superintendent  of  that  department. 

Other  Officers.  The  council,  by  majority  vote,  may 
elect  the  following  officers :  City  (or  village)  clerk, 
treasurer,  attorney,  assistant  attorney,  corporation  coun- 
sel, library  trustees,  and  a  board  of  local  improvements. 
It  may  also  create,  fill,  or  discontinue  offices  and  employ- 
ments other  than  the  foregoing,  and,  by  a  majority  vote 
of  all  members,  may  remove  any  officer  or  employee, 
except  such  as  are  within  the  civil  service. 

Salaries.  The  mayor  and  commissioners  receive  sal- 
aries provided  by  law  and  classified  with  reference  to 


COMMISSION  FORM  OF  GOVERNMENT  87 

population  and  the  demands  of  the  public  service  upon 
their  time.  All  other  officers,  assistants,  and  employees 
receive  such  salary  or  compensation  as  the  council  may 
provide. 

Initiative.  Any  proposed  ordinance  may  be  submitted 
to  the  council  by  petition  signed  by  a  certain  percentage 
of  legal  voters  as  provided  by  law.  If  the  proposed  ordi- 
nance is  accompanied  by  a  petition  signed  by  a  number 
of  voters  equal  to  25  per  cent  of  the  vote  for  all  candi- 
dates for  mayor  at  the  last  preceding  general  municipal 
election,  and  contains  a  request  that  such  ordinance  be 
submitted  to  a  vote  of  the  people  if  not  passed  by  the 
council,  then  the  council  must  either  pass  the  ordinance 
without  alteration  within  30  days,  or  call  a  special  elec- 
tion (unless  a  general  election  will  occur  within  90  days) 
at  which  such  ordinance  shall  be  submitted  without 
alteration  to  the  legal  voters  of  the  municipality. 

If  the  petition  accompanying  the  proposed  ordinance 
is  signed  by  not  less  than  10  per  cent  nor  more  than  25 
per  cent  of  the  legal  voters  as  above  stated,  then  the 
council  must  either  pass  the  ordinance  without  change 
within  30  days,  or  submit  it  at  the  next  general  municipal 
election,  if  such  there  be,  within  90  days  from  the  filing 
of  the  petition ;  but  no  special  election  is  called  unless 
the  number  of  voters  signing  the  petition  exceeds  25 
per  cent  as  stated  in  the  preceding  paragraph. 

Any  number  of  proposed  ordinances  may  be  voted 
upon  at  the  same  election,  but  not  more  than  one  special 
election  for  the  adoption  of  ordinances  can  be  held  in 
any  period  of  six  months.  Two  or  more  proposed  ordi- 
nances may  be  submitted  separately  on  the  same  ballot. 

Referendum.  With  the  exception  of  ordinances  for  the 
immediate  preservation  of  public  peace,  health,  or  safety, 
and  a  few  others,  no  ordinance  passed  by  the  council 


88  ILLINOIS  AND  THE  NATION 

shall  go  into  effect  before  the  expiration  of  30  days  from 
the  time  of  its  passage.  If,  during  the  30  days,  at  least 
10  per  cent  of  the  legal  voters  sign  and  present  to  the 
council  a  petition  protesting  against  the  passage  of  the 
ordinance,  it  becomes  the  duty  of  the  council  to  recon- 
sider such  ordinance.  If,  upon  reconsideration,  the 
ordinance  is  not  entirely  repealed,  it  must  be  submitted 
to  a  vote  of  the  people  at  a  general  or  special  election. 
An  ordinance  so  submitted  does  not  go  into  effect  unless 
voted  for  by  a  majority  of  those  voting  upon  the  ordi- 
nance at  such  election. 

Referendum  of  Franchises.  Every  grant  of  any  fran- 
chise, right,  or  license  to  occupy  or  use  the  streets,  alleys, 
highways,  bridges,  subways,  viaducts,  public  property,  or 
public  places  for  interurban,  suburban,  subway,  elevated, 
aerial,  or  street  railways,  gas  tanks,  water  works,  electric 
light,  power,  or  heating  plants,  telegraph  or  telephone 
systems,  or  other  public  service  utilities  within  the  city 
or  village  limits,  must  be  authorized  or  approved  by  a 
majority  of  the  legal  voters  voting  thereon  at  some  gen- 
eral or  special  municipal  election. 

Recall  of  Elective  Officers.  Every  elective  officer, 
except  judges  and  other  court  officers,  whether  elected 
by  a  popular  vote  or  appointed  to  fill  a  vacancy,  is  sub- 
ject to  recall  and  removal  at  any  time  by  the  legal  voters 
qualified  to  vote  for  such  officer.  To  institute  proceed- 
ings for  recalling  a  given  officer  a  petition  demanding  the 
election  of  his  successor  must  be  signed  and  presented 
to  the  council  by  at  least  55  per  cent  of  such  qualified 
legal  voters,  computed  upon  the  basis  of  the  entire  vote 
cast  for  mayor  at  the  last  preceding  election.  The  recall 
or  removal  of  an  officer  is  thus  brought  about  by  the 
election  of  a  successor  before  the  expiration  of  the 
officer's  term. 


COMMISSION  FORM  OF  GOVERNMENT  89 

Abandonment  of  Commission  Form.  At  any  time 
after  four  years'  operation  under  the  "commission  form," 
any  municipality  may  abandon  the  same  and  return  to 
organization  under  the  general  law.  For  this  purpose  a 
petition  signed  by  at  least  25  per  cent  of  the  legal  voters 
is  required.  Upon  the  filing  of  such  petition,  the  ques- 
tion of  abandonment  and  reorganization  must  be  sub- 
mitted to  the  people  at  the  general  municipal  election. 

QUESTIONS  AND  TOPICS  FOR  STUDY 

i.  How  may  commission  form  of  city  government  be  se- 
cured? 2.  (a)  What  officers  are  elected?  (b)  For  what  length 
of  term?  3.  What  is  meant  by  referendum?  4.  How  may  an 
elective  officer  be  recalled?  5.  Find  out  what  cities  in  Illinois 
have  commission  form  of  government.  6.  (a)  What  are  its 
advantages?  (b)  Its  disadvantages?  7.  (a)  If  you  live  in 
a  city  which  is  under  the  commission  form  of  government,  name 
your  mayor  and  commissioners,  (b)  State  the  powers  and 
duties  of  each. 


ORIGIN 

Ordinance  of  1787.  In  1787  Congress  passed  an  ordi- 
nance for  the  government  of  the  territory  of  the  United 
States  northwest  of  the  Ohio  River.  The  third  article 
refers  to  education  in  this  manner :  "Religion,  morality, 
and  knowledge  being  necessary  to  good  government  and 
the  happiness  of  mankind,  schools  and  the  means  of 
education  shall  forever  be  encouraged." 

Act  of  Congress,  1818.  In  1818  Congress  passed  an 
act  enabling  the  people  of  Illinois  to  form  a  state  consti- 
tution. Section  six  has  the  following  provision :  "The 
section  numbered  sixteen  in  every  township,  and  when 
such  section  has  been  sold  or  otherwise  disposed  of, 
other  lands  equivalent  thereto  and  as  contiguous  as  may 
be,  shall  be  granted  to  the  state  for  the  use  of  schools." 
It  is  further  provided  that  three  per  cent  of  the  net  pro- 
ceeds from  the  sale  of  public  land  within  the  state  shall 
be  appropriated  by  the  legislature  of  the  state  for  the 
encouragement  of  learning,  and  one-sixth  of  the  amount 
shall  be  bestowed  exclusively  upon  a  college  or 
university. 

State  Constitutions.  Neither  the  Constitution  of 
1818  nor  that  of  1848  makes  any  special  mention  of 
education.  The  Constitution  of  1870,  on  the  contrary, 
has  an  entire  article  devoted  to  the  subject,  and  declares 

90 


PUBLIC  SCHOOL  SYSTEM  91 

that  "the  General  Assembly  shall  provide  a  thorough  and 
efficient  system  of  free  schools,  whereby  all  children  of 
the  state  may  receive  a  good  common  school  education." 
Laws  of  the  State.  The  first  law  providing  for  the 
establishment  of  free  schools  was  passed  in  1825.  Many 
changes  have  since  been  made,  some  of  which  destroyed 
for  a  time  the  free  school  feature  of  the  system. 

RELATION  TO  STATE  GOVERNMENT 

The  public  school  system,  though  distinct  in  its  pur- 
pose, is  intimately  connected  with  the  government  of  the 
state  in  civil  affairs.  The  General  Assembly  is  the  law- 
making  power,  and  the  ordinary  courts  have  jurisdiction 
in  school  matters.  But  there  are  several  executive  officers 
who  have  to  do  with  school  matters  only. 

With  reference  to  the  school  system  the  state  is 
divided  into  counties,  townships,  and  school  districts. 

SCHOOL  FUNDS 

State  Funds.  The  state  school  fund  is  made  up  from 
three  distinct  sources. 

Direct  Tax.  Prior  to  1873  a  tax  of  two  mills  upon 
each  dollar's  valuation  of  property  in  the  state  was  levied 
for  school  purposes.  From  1873  to  1911  the  legislature 
provided  for  a  levy  for  the  state  school  fund  (in  lieu 
of  the  two-mill  tax)  of  $1,000,000  annually.  The  levy 
for  this  fund  is  now  $3,000,000  annually. 

Interest  on  the  School  Fund  Proper.  The  school  fund 
proper  consists  of  three  per  cent  of  the  proceeds  of  the 
sales  of  public  lands  in  the  state,  one-sixth  part  excepted. 
It  is  one  of  the  permanent  school  funds  of  the  state.  It 
is  called  a  permanent  fund  because  no  part  of  the  fund 


92  ILLINOIS  AND  THE  NATION 

itself,  but  only  the  interest  upon  it,  can  be  expended. 
The  interest  on  this  fund  is  made  a  part  of  the  state 
school  fund.  The  one-sixth  part  of  the  proceeds  ex- 
cepted  is  known  as  the  "college  fund." 

Interest  on  the  Surplus  Revenue.  In  1836  Congress 
passed  an  act  depositing  with  the  states,  in  proportion  to 
their  representation  in  Congress,  the  money  that  had 
accumulated  in  the  national  treasury— chiefly  from  the 
sale  of  public  lands.  Prior  to  this  an  unsuccessful  at- 
tempt had  been  made  to  distribute  this  money  among 
the  states  as  a  gift  from  the  nation.  The  objections  to 
this  plan  were  overcome  by  depositing  the  money  with 
the  states  subject  to  return  at  call  by  Congress.  About 
$28,000,000  was  deposited  in  this  way,  and  none  of  it 
has  ever  been  called  for.  Illinois  received  $477,919.24. 

When  Illinois  received  her  share,  the  General  Assem- 
bly, in  1837,  made  a  large  part  of  it  (the  "surplus  reve- 
nue," as  it  is  called)  a  part  of  the  permanent  common 
school  fund.  The  interest  on  this  is  annually  distributed 
among  the  schools  of  the  state.  The  interest  on  the  state 
school  fund  is  paid  by  the  state  at  the  rate  of  six  per 
cent  per  annum. 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

State  Certificates.  The  State  Superintendent  grants 
state  certificates  of  the  first,  second,  and  third  grade  to 
such  persons  as  may  be  qualified  to  receive  them,  and 
may  suspend  or  revoke  any  such  certificate  for  incompe- 
tency,  immorality,  or  other  unprofessional  conduct. 

Appeals.  He  hears  and  determines  all  controversies 
arising  under  the  school  laws  of  the  state  coming  to  him 
by  appeal  from  a  county  superintendent  of  schools. 

Counsel  with  Teachers.    He  is  to  counsel  and  advise 


PUBLIC  SCHOOL  SYSTEM  93 

with  experienced  and  practical  school  teachers  as  to  the 
best  manner  of  conducting  common  schools. 

Supervision.  He  has  the  supervision  of  all  the  com- 
mon schools  in  the  state. 

Advisory  Duties.  He  is  the  general  advisor  and 
assistant  of  county  superintendents  of  schools,  and  from 
time  to  time  addresses  circular  letters  to  them  relating 
to  school  matters.  He  is  the  legal  advisor  of  all  school 
officers,  and  when  requested  by  any  such  officers,  gives 
his  opinion  in  writing  upon  any  question  arising  under 
the  school  law  of  the  state. 

Report.  The  State  Superintendent  reports  biennially 
to  the  Governor,  giving  the  condition  of  the  schools  of  the 
state;  the  number  of  schools  in  each  county;  certain 
facts  regarding  the  number  of  male  and  female  teachers ; 
the  number  of  pupils  in  attendance  at  school ;  the  num- 
ber of  persons  in  each  county  under  twenty-one  years  of 
age,  and  the  number  of  persons  between  the  ages  of 
twelve  and  twenty-one  who  can  not  read  and  write; 
the  amount  of  county  and  township  funds,  and  the 
amount  of  state,  county,  and  township  funds  annually 
paid  out;  the  amount  raised  by  taxation;  the  whole 
amount  annually  expended  for  schools;  the  number  of 
schoolhouses,  and  their  kind  and  condition;  the  number 
of  whole  and  fractional  townships  in  each  county ;  facts 
about  apparatus  and  school  libraries;  and  other  facts 
relating  to  schools.  He  is  also  to  give  suggestions  re- 
garding changes  in  the  school  law.  This  report  is  laid 
before  the  General  Assembly  at  its  regular  session,  and 
is  printed  for  free  distribution. 

Funds  Withheld.  The  State  Superintendent  has 
power  to  cause  funds  to  be  withheld  from  any  school 
officer  or  teacher  who  has  not  complied  with  all  the 
requirements  of  the  law. 


94  ILLINOIS  AND  THE  NATION 

Bond.  The  State  Superintendent  gives  a  bond  for 
$25,000. 

Salary.     He  receives  a  salary  of  $7,500  a  year. 

COUNTY  SUPERINTENDENT  OF  SCHOOLS 

Accounts.  The  county  superintendent  must  keep  an 
account  of  all  sales  of  common  school  lands  in  his 
county,  and  of  all  sums  of  money  received,  loaned,  or 
paid  out. 

Report  to  County  Board.  He  must  present  a  written 
report  to  the  county  board  at  its  regular  meeting  in  Sep- 
tember, giving  a  full  statement  of  all  sums  of  money  in 
his  charge  since  his  last  report,  together  with  a  statement 
of  the  condition  of  the  county  and  township  funds  in  his 
charge. 

Township  Treasurers.  The  county  superintendent 
must  examine  all  bonds  given  by  township  treasurers, 
and  approve  them  or  return  them  for  correction.  When 
they  have  been  approved,  he  must  pay  over  to  the  treas- 
urers all  sums  of  money,  and  all  bonds,  notes,  and  other 
securities  and  papers  belonging  to  their  respective 
townships. 

Apportionment.  He  must  apportion  among  the  town- 
ships in  which  schools  have  been  legally  conducted,  the 
money  received  upon  the  auditor's  warrant  from  the 
state  fund,  together  with  the  interest  on  the  county  fund, 
if  there  be  one.  He  must  see  that  every  treasurer's 
bond  is  valid  before  paying  him  the  sum  apportioned  for 
his  township.  In  case  the  directors  of  any  district  have 
not  made  their  annual  report,  he  withholds  their  share 
of  the  funds. 

Report  to  State  Superintendent.  He  must  report  to 
the  State  Superintendent  such  facts  as  the  latter  may 


PUBLIC  SCHOOL  SYSTEM  95 

require  to  assist  him  in  making  up  his  report  to  the 
Governor. 

Advisory  Duties.  In  controversies  arising  under  the 
school  law,  the  opinion  and  advice  of  the  county  superin- 
tendent must  first  be  sought,  but  appeal  may  be  taken 
to  the  State  Superintendent.  The  county  superintendent 
stands  in  much  the  same  relation  to  the  school  officers 
and  teachers  of  the  county  as  the  State  Superintendent 
stands  to  those  of  the  whole  state. 

Treasurers'  Accounts.  The  county  superintendent 
must  examine  annually  all  accounts,  books,  and  vouchers 
of  every  township  treasurer  in  his  county,  and  report  to 
the  school  trustees  any  irregularities  he  may  find. 
He  must  also  examine  all  bonds,  notes,  and  other 
securities  for  school  funds  held  by  every  treasurer,  and 
see  that  they  are  of  proper  form  and  have  sufficient 
security. 

Teachers'  Associations.  He  must  encourage  the  for- 
mation, and  assist  in  the  management  of  county  teachers' 
associations. 

Examinations.  He  must  hold  examinations  for  teach- 
ers' certificates  at  least  three  times  each  year  upon  ques- 
tions furnished  by  the  state  examining  board. 

Fee  for  Certificate.  The  county  superintendent  must 
in  all  cases  require  the  payment  of  a  fee  of  one  dollar 
from  every  applicant  for  examination  for  a  teachers'  cer- 
tificate, and  for  each  renewal  of  a  certificate.  He  must 
pay  the  money  received  in  this  way  to  the  county  treas- 
urer, and  give  him  also  a  list  of  the  names  of  persons 
paying  the  fees.  The  county  treasurer  keeps  account  of 
such  fees  as  a  part  of  what  is  known  as  the  "institute 
fund." 

Teachers'  Institutes.  The  county  superintendent 
must  hold,  annually,  a  teachers'  institute,  which  must 


96  ILLINOIS  AND  THE  NATION 

continue  in  session  at  least  five  days.  Two  or  more 
adjoining  counties  may  hold  an  institute  together. 

Instruction  is  free  at  such  institutes  to  persons  hold- 
ing certificates  good  in  the  county,  or  counties,  for  which 
the  institute  is  held,  and  also  to  those  who  have  paid 
the  required  fee  and  failed  to  receive  certificates.  All 
other  persons  must  pay  a  registration  fee  of  one  dollar. 
The  registration  fees  are  added  to  the  institute  fund, 
which  is  held  subject  to  the  order  of  the  county  super- 
intendent, and  is  used  only  to  defray  the  expenses  of 
teachers'  institutes. 

Institutes  During  Term  Time.  The  time  not  exceed- 
ing five  days  in  any  one  year,  actually  spent  by  a  teacher 
of  any  public  school  in  the  state  in  attendance  upon  a 
teachers'  institute,  under  the  direction  of  the  county 
superintendent,  is  considered  time  lawfully  expended  by 
the  teacher  in  the  service  of  his  district,  and  no  deduction 
of  wages  can  be  made  for  absences.  Directors  must 
allow  teachers  to  close  their  schools  for  such  attendance 
upon  these  institutes. 

Visiting  Schools.  Prior  to  1885,  the  county  superin- 
tendent visited  schools  only  when  directed  to  do  so  by 
the  county  board,  or,  in  other  words,  the  county  board 
could  pay  him  for  visiting  schools,  or  not,  just  as  it 
pleased.  As  a  rule,  few  superintendents  visited  schools 
more  than  a  few  days  each  year. 

Under  the  present  law  the  county  superintendent 
must  visit  every  school  in  his  county  at  least  once  a  year. 
He  is  to  spend  at  least  one-half  of  the  time  given  to  his 
office  in  visiting  ungraded  schools. 

Revocation.  The  county  superintendent  may  suspend 
or  revoke  any  teachers'  certificate  issued  by  him  upon 
evidence  of  immorality,  incompetency,  unprofessional 
conduct,  or  other  just  cause.  Refusal  to  attend  or  par- 


PUBLIC  SCHOOL  SYSTEM  97 

ticipate  in,  or  indifference  or  antagonism  toward  insti- 
tutes, teachers'  meetings,  professional  readings,  or  other 
reasonable  requirements  of  the  county  or  state  superin- 
tendents, may  be  considered  unprofessional  conduct. 

General  Duties.  The  county  superintendent  gives  to 
teachers  and  school  officers  such  directions  in  the  science, 
art,  and  methods  of  teaching,  and  in  regard  to  courses  of 
study  as  he  may  deem  expedient.  He  acts  as  the  official 
adviser  and  constant  assistant  of  the  school  officers  and 
teachers  of  his  county  and  carries  out  the  advice  of  the 
state  superintendent.  It  is  the  duty  of  the  county  super- 
intendent to  labor  in  every  practicable  way  to  elevate  the 
standard  of  teaching  and  improve  the  condition  of  the 
public  schools.  He  determines,  upon  appeal  from  school 
trustees,  matters  concerning  district  boundaries. 

Bond.  The  county  superintendent  gives  a  bond  for  a 
sum  not  less  than  $12,000,  to  be  increased  at  the  discretion 
of  the  county  board,  by  whom  it  must  be  approved. 

Compensation.  County  superintendents  elected  after 
1909  receive  annual  salaries  based  upon  the  population  of 
their  respective  counties  (census  of  1900),  as  follows: 
Population  not  exceeding  12,000,  $1,250;  12,000  to  20,000, 
$1,500;  20,000  to  28,000,  $1,800;  28,000  to  36,000,  $2,000; 
36,000  to  50,000,  $2,250;  50,000  to  75,000,  $2,500;  75,000 
to  100,000,  $2,750;  exceeding  100,000,  $7,500,  all  payable 
quarterly  from  the  state  school  fund.  What  is  the  county 
superintendent's  salary  in  your  county? 

EXAMINING  BOARD 

Members.  This  board  consists  of  the  State  Superin- 
tendent of  Public  Instruction,  who  is  ex  officio  chairman, 
one  person  engaged  in  educational  work  appointed  by 
the  State  Superintendent  for  four  years,  and  three  county 


98  ILLINOIS  AND  THE  NATION 

superintendents,  each  to  serve  three  years.  One  of  the 
county  superintendents  is  appointed  anually  by  the  State 
Superintendent  upon  the  recommendation  of  the  county 
superintendents'  section  of  the  state  teachers'  associa- 
tion at  its  annual  meeting. 

Examinations.  The  Examining-  Board  causes  exam- 
inations for  county  teachers'  certificates  to  be  held  at 
least  three  times  each  year  under  such  rules  as  the  board 
may  prescribe.  Questions  for  each  examination  must  be 
uniform  throughout  the  state  and  are  prepared  by  the 
Examining  Board  and  sent  to  county  superintendents 
under  seal.  The  seal  in  each  case  is  broken  by  the  county 
superintendent  only  at  the  time  of  opening  the  exam- 
ination and  in  the  presence  of  the  applicants.  The  county 
superintendent  conducts  the  examination  in  his  county 
and  forwards  all  papers  to  the  Examining  Board. 

The  grades  are  then  returned  to  the  county  super- 
intendent, who  issues  certificates  of  proper  grade  to  such 
applicants  as  have  passed  the  examination ;  provided,  in 
each  case,  that  he  deems  the  personality  of  the  applicant 
and  his  or  her  general  qualifications  other  than  scholar- 
ship, to  fit  such  person  for  the  work  to  be  performed 
under  the  certificate  sought.  Seven  different  grades  or 
kinds  of  certificates  may  be  issued  by  county  superin- 
tendents upon  such  examinations  or  otherwise  as  pro- 
vided by  law. 

Expenses.  The  members  of  the  Examining  Board 
receive  their  necessary  traveling  or  other  expenses  in- 
curred in  connection  with  their  duties  as  members  of  the 
board. 

TRUSTEES  OF  SCHOOLS 

Election.  The  business  of  the  school  township  is 
done  by  three  trustees,  one  of  whom  is  elected  on  the 


PUBLIC  SCHOOL  SYSTEM  99 

second  Saturday  in  April,  annually.  In  cases  where  the 
boundaries  of  the  school  1;ownship  coincide  and  are 
identical  with  the  boundaries  of  the  town,  as  established 
under  the  township  organization  laws,  the  election  for 
school  trustees  is  held  at  the  same  time  as  the  annual 
town  meeting.  This  is  on  the  first  Tuesday  in  April. 

Term.    School  trustees  are  elected  for  three  years. 

Meetings.  The  trustees  hold  regular  semi-annual 
meetings  on  the  first  Monday  of  April  and  October,  and 
such  special  meetings  as  may  be  necessary. 

Appointment  of  Township  Treasurer.  The  board  of 
trustees  appoint  one  of  their  number  president,  and 
some  resident  of  the  town,  who  is  neither  a  trustee  nor 
a  school  director,  township  treasurer. 

Division  of  Township  into  Districts.  The  board  of 
trustees  divide  their  township  into  a  suitable  number  of 
districts  for  the  convenience  of  a  majority  of  its  inhabi- 
tants. After  districts  have  been  formed,  they  may  be 
changed  by  the  trustees  so  as  to  divide  or  consolidate 
districts,  to  make  a  new  district  out  of  territory  belong- 
ing to  two  or  more  districts,  or  to  take  territory  from 
one  district  and  add  it  to  another.  In  such  cases  the 
trustees  can  act  only  upon  the  petition  of  a  majority  of 
the  legal  voters  of  each  district  affected,  or  of  two-thirds 
of  the  voters  in  a  certain  territory  when  such  territory  is 
to  be  added  to  another  district,  or  made  into  a  separate 
district.  In  the  latter  case  the  territory  must  contain  at 
least  ten  families. 

Distribution  of  Funds.  At  the  regular  semi-annual 
meetings  the  trustees  ascertain  the  amount  of  state, 
county,  and  township  funds  on  hand  and  subject  to  dis- 
tribution, and  apportion  it  among  the  districts  con- 
ducting schools  according  to  law,  in  proportion  to  the 
number  of  persons  under  twenty-one  years  of  age  in 


100  ILLINOIS  AND  THE  NATION 

each.  The  amount  apportioned  to  each  district  is  placed 
to  its  credit  on  the  treasurer's  books,  and  is  paid  out 
upon  the  orders  of  the  directors  of  the  district. 

The  township  fund  consists  mainly  of  the  proceeds  of 
the  sale  of  the  sixteenth  section,  and  the  interest  thereon. 
The  interest  only  is  apportioned  to  the  districts.  The 
principal  must  forever  be  loaned  for  the  use  of  the 
township. 

Examination  of  Accounts.  At  their  semi-annual 
meetings,  and  at  other  times  if  they  think  proper,  the 
board  examines  all  books,  notes,  mortgages,  and  other 
papers  belonging  to  the  township,  and  sees  that  the 
funds  are  properly  managed. 

Township  High  Schools.  The  voters  of  the  township 
may  elect  to  establish  a  township  high  school  for  the 
education  of  the  more  advanced  pupils.  In  this  case  a 
township  board  of  education  of  five  members  has  charge 
of  the  school  in  all  respects  the  same  as  directors  in  the 
case  of  district  schools. 

Compensation.  The  trustees  of  schools  give  no  bonds 
and  receive  no  compensation  for  their  services.  In  coun- 
ties under  township  organization  they  are  exempted  from 
road  labor  and  military  duty. 

TOWNSHIP  TREASURER 

Clerk  of  Board  of  Trustees.  The  township  treasurer 
is  clerk  of  the  board  of  trustees  of  his  township.  He 
keeps  a  record  of  all  the  official  proceedings  of  the  board. 

Report  to  County  Superintendent.  As  clerk  of  the 
board  of  trustees,  he  reports  to  the  county  superintendent 
such  facts  as  the  latter  must  report  to  the  State  Super- 
intendent. 

Care  of  Funds.    The  township  treasurer  is  custodian 


PUBLIC  SCHOOL  SYSTEM  101 

of  the  school  money  of  the  township  and  the  several  dis- 
tricts. It  is  his  duty  to  keep  the  school  funds  at  interest. 

Semi-Annual  Statement.  At  each  regular  meeting  of 
the  trustees  he  must  present  to  them  a  full  statement  of 
the  affairs  of  the  township,  and  lay  before  them  all 
papers  pertaining  to  his  office. 

Annual  Exhibit.  He  must  annually  make  out  a  com- 
plete statement  of  the  sums  of  money  received,  paid  out, 
and  on  hand,  with  reference  to  the  township  and  each 
school  district,  and  present  it  to  the  trustees  at  their  first 
meeting  after  the  annual  election. 

Statement  to  Districts.  Twice  each  year  the  town- 
ship treasurer  must  make  out  a  statement  for  each  dis- 
trict, giving  an  itemized  statement  of  receipts  and  expen- 
ditures since  the  last  report,  and  showing  the  sum  of 
money  to  which  the  district  is  entitled  at  the  time  of  the 
statement.  This  statement  must  be  sworn  to  by  the 
treasurer  and  delivered  to  the  clerk  of  the  board  of 
directors  for  the  district. 

Statement  to  County  Superintendent.  The  township 
treasurer  must  make  an  annual  statement,  under  oath,  to 
the  county  superintendent,  showing  the  exact  condition 
of  the  township  funds. 

Term.  The  township  treasurer  is  appointed  for  two 
years. 

Bond.  He  gives  a  bond  sufficient  to  cover  all  lia- 
bilities incurred. 

Compensation.  The  compensation  of  the  township 
treasurer  is  fixed  by  the  board  of  trustees  prior  to  his 
appointment. 

SCHOOL  DIRECTORS 

Election.  Each  school  district  of  less  than  1,000 
inhabitants  has  three  directors,  one  being  elected  an- 


102  ILLINOIS  AND  THE  NATION 

nually  on  the  third  Saturday  in  April  at  the  district  elec- 
tion. Election  notices  must  be  posted  at  least  ten  days 
before  the  election,  stating  the  place  of  holding  the  elec- 
tion, the  time  of  opening  and  closing  the  polls,  and  the 
questions  to  be  voted  upon.  The  question  of  building 
a  schoolhouse,  moving  one  already  built,  extending 
school  beyond  nine  months,  and  some  other  questions 
may  be  voted  upon,  if  due  notice  has  been  given. 

Organization.  Within  ten  days  after  the  annual  elec- 
tion, the  directors  meet  and  organize  by  appointing  one 
of  their  number  president  and  another  clerk.  The  presi- 
dent presides  at  the  meeting,  and  executes  the  orders 
of  the  board. 

Record.  The  clerk  must  keep  a  record  of  all  the  pro- 
ceedings of  the  board  in  a  book  provided  for  the  purpose, 
and  must  submit  the  records  to  the  inspection  of  the 
township  treasurer  on  the  first  Monday  of  April  and  of 
October. 

Reports.  The  clerk  must  report  to  the  township 
treasurer  on  or  before  the  seventh  day  of  July,  annually, 
such  facts  as  the  treasurer  is  required  to  report  to  the 
county  superintendent. 

Statement  to  Voters.  The  directors  must  present  to 
the  voters  of  the  district  at  the  annual  election  a  detailed 
statement  of  their  receipts  and  expenditures,  and  a  copy 
of  this  statement  must  be  furnished  the  township  treas- 
urer within  five  days  of  the  time  of  the  election. 

Meetings.  The  directors  must  have  regular  meetings 
at  such  times  as  they  may  designate,  and  may  hold  spe- 
cial meetings  when  necessary.  No  business  can  be 
legally  transacted  except  at  a  regular  or  special 
meeting. 

Power  to  Levy  Tax.  The  directors  may  levy  a  tax  not 
to  exceed  \l/2  per  cent  for  educational,  and  \l/2  per  cent 


PUBLIC  SCHOOL  SYSTEM  103 

for  building  purposes,  upon  all  the  taxable  property  of 
the  district.  In  districts  containing  not  less  than  1,000 
nor  more  than  100,000  inhabitants  and  operating  under 
the  general  school  law,  the  tax  for  educational  purposes 
may  be  as  high  as  2  per  cent  when  authorized  by  a  vote 
of  the  district,  but  the  total  school  tax  must  not  exceed 
3  per  cent. 

The  directors  ascertain  as  nearly  as  they  can  the 
amount  of  money  necessary  to  be  raised  by  taxation  in 
their  district,  and  certify  to  the  township  treasurer  on 
or  before  the  first  Tuesday  in  August,  annually,  that 
such  an  amount  is  needed.  The  directors  first  determine 
how  much  money  will  be  needed  for  all  purposes  for  the 
next  year,  and  knowing  from  the  treasurer's  statement 
the  amount  of  state,  county,  and  township  funds  due  their 
district  by  apportionment,  they  are  enabled  to  determine 
the  amount  necessary  to  be  raised  by  special  tax. 

School  Year.  The  directors  establish  and  maintain 
for  at  least  six  months  of  actual  teaching  a  sufficient 
number  of  free  schools  for  the  accommodation  of  all  chil- 
dren in  the  district  over  the  age  of  six,  and  under  the  age 
of  twenty-one  years.  Unless  the  school  is  conducted  at 
least  six  months,  the  district  cannot  receive  any  of  the 
state  fund  apportionment. 

Rules  for  the  School.  The  directors  must  adopt  and 
enforce  necessary  rules  and  regulations  for  the  proper 
management  and  government  of  the  schools. 

Visiting  Schools.  The  directors  must  visit  the 
schools  from  time  to  time  as  the  good  of  the  schools  may 
require. 

Employment  of  Teachers.  The  directors  employ 
teachers,  fix  their  salaries,  and  may  dismiss  them  for 
incompetency,  cruelty,  negligence,  immorality,  or  other 
sufficient  cause.,  Directors  cannot  legally  employ  a 


104  ILLINOIS  AND  THE  NATION 

teacher  unless  he  has  a  certificate  from  the  county 
superintendent  good  for  the  whole  time  for  which  he  is 
employed. 

Branches  of  Study.  They  must  direct  what  branches 
of  study  shall  be  taught,  and  what  textbooks  and  appar- 
atus shall  be  used.  They  must  enforce  strict  uniformity 
of  textbooks,  but  a  change  of  textbooks  cannot  be  made 
oftener  than  once  in  four  years  in  any  given  study. 

Schedules.  The  directors  must  examine  the  sched- 
ules presented  by  the  teacher  and  certify  to  their 
correctness  if  no  mistakes  be  found  in  them.  They  must 
then  give  the  teacher  an  order  upon  the  township  treas- 
urer for  his  pay.  The  schedules  must  be  delivered  by  the 
directors  to  the  township  treasurer  on  or  before  the 
seventh  of  July  annually. 

Compulsory  Attendance.  Any  person  having  control 
of  any  child  between  the  ages  of  seven  and  sixteen  years, 
shall  annually  cause  such  child  to  attend  some  public  or 
private  school  for  the  entire  time  it  is  in  session — which 
must  be  not  less  than  six  months.  Neglect  of  such  duty 
renders  persons  having  charge  of  such  child  subject  to 
a  fine  of  not  less  than  $5  nor  more  than  $20. 

School  boards  and  directors  must  appoint  one  or  more 
truant  officers  to  report  to  them  in  writing  all  violations 
of  this  law  and  to  enter  complaint  against  all  persons 
who  are  guilty  of  such  violations.  These  officers  may 
also  arrest  truant  children  and  place  them  in  charge  of 
the  proper  teacher. 

Transfer  of  Pupils.  Pupils  may  be  transferred  from 
one  district  to  another  upon  the  written  permission  of 
the  boards  of  directors  of  both  districts.  Such  permits 
must  be  filed  with  the  township  treasurer. 

High  School  Privileges.  By  a  law  passed  in  1913, 
graduates  of  the  eighth  grade  (or  of  the  ninth  and  tenth 


PUBLIC  SCHOOL  SYSTEM  105 

grades  if  there  be  such)  in  any  school  district  having  no 
public  high  school  may  attend  some  public  high  school 
under  certain  conditions,  at  the  expense,  for  tuition,  of 
the  home  district. 

Compensation.  Directors  give  no  bond  and  receive 
no  compensation  for  their  services.  The  directors  may 
allow  their  clerk  compensation  for  work  actually  per- 
formed. In  counties  under  township  organization, 
directors  are  exempt  from  road  labor  and  military  duty. 

BOARDS  OF  EDUCATION 

Members.  In  each  school  district  having  not  less 
than  one  thousand,  nor  more  than  one  hundred  thousand 
inhabitants,  a  board  of  education  is  elected.  This  board 
consists  of  six  members  and  a  president,  who  has  no 
vote  except  in  case  of  a  tie.  Three  additional  members 
are  elected  for  every  additional  ten  thousand  inhabitants, 
but  no  board  can  have  more  than  fifteen  members.  In 
each  city  of  more  than  one  hundred  thousand  inhabitants, 
a  board  of  education,  consisting  of  twenty-one  members, 
is  appointed  by  the  mayor  with  the  consent  of  the  city 
council.  Prior  to  1870  many  cities  obtained  special  char- 
ters for  the  government  of  their  schools,  and  so  form 
exceptions  to  the  above  provisions  of  the  general  law. 

CITIZENSHIP 

Good  Citizenship.  Realizing  the  importance  of  good 
citizenship,  the  legislature,  in  1905,  added  Civics  and  the 
History  of  Illinois  to  the  list  of  common  school  studies. 
It  is  now  the  duty  of  all  public  schools  not  only  to  teach 
the  fundamental  principles  and  practical  workings  of  our 
national,  state,  and  local  government,  but  also  to  instill 


106  ILLINOIS  AND  THE  NATION 

a  healthy  and  justifiable  state  and  local  pride  together 
with  correct  ideas  concerning  the  rights  and  duties  of 
citizenship.  This  duty  so  laid  upon  the  public  schools 
by  law  is  emphasized  by  the  law  of  1913  granting  greatly 
enlarged  voting  rights  to  women.  Our  boys  and  our 
girls  as  well  must  be  trained  to  participate  wisely  in 
primaries  and  in  elections  so  that  men  of  character  and 
intelligence  may  be  selected  to  make,  to  administer,  and 
to  adjudicate  our  laws.  They  must  be  taught  to  make 
political  parties  servants — not  masters. 

Duties  of  Voters.  It  is  the  duty  of  every  person  to 
whom  the  ballot  is  given  in  connection  with  any  public 
affair,  question,  or  office  to  exercise  this  right,  intelli- 
gently and  honestly,  on  every  practicable  occasion;  to 
investigate  carefully  and  with  an  open  mind  all  questions, 
policies,  or  platforms  to  be  voted  upon;  and  to  deter- 
mine, so  far  as  possible,  the  character  and  fitness  of  all 
candidates  for  office. 

Duties  of  All  Citizens.  In  return  for  the  individual 
rights  which  are  not  only  granted  by  our  government 
but  protected  and  even  enforced  by  it,  all  persons, 
whether  voters  or  not,  should  discharge  promptly  and 
honestly  all  their  debts  or  other  obligations,  both  to  the 
public  and  to  all  individuals;  they  should  not  attempt 
to  defeat  justice  nor  to  interfere  in  any  way  or  degree 
with  the  religious  beliefs  of  others;  they  should  in  all 
cases  have  due  regard  for  other  people's  property  as  well 
as  for  the  persons  of  others;  they  should  allow  to  all 
others  that  complete  freedom  of  speech  which  they  them- 
selves desire,  and  should  refrain  from  all  sayings  that 
slander  or  unjustly  injure  others;  they  should  respond 
cheerfully  when  summoned  as  jurors  and  willingly  as 
witnesses  by  whomsoever  called  ;  and  finally,  they  should 
faithfully  assist  both  state  and  nation  in  every  way. 


PUBLIC  SCHOOL  SYSTEM  107 

Rights  of  the  Citizen.  The  relation  of  the  citizen  to 
the  state  and  of  the  state  to  the  citizen  are  reciprocal. 
The  citizen  who  performs  his  duties  and  fulfills  his 
obligations  to  the  state  is  entitled  as  of  right  to  the  full 
benefits  and  protection  of  his  government.  He  should 
at  all  times  demand  of  those  who  are  chosen  to  admin- 
ister the  government  in  its  various  functions  that  they 
do  so  faithfully,  efficiently,  economically,  and  without 
fear  or  favor.  To  the  just  pride  which  a  citizen  should 
have  in  the  government  of  his  country,  there  may  well 
be  added  a  feeling  of  personal  pride,  or  at  least  of  con- 
gratulation, that  he  is  an  integral  part  of  that  govern- 
ment although  he  may  hold  no  office  whatsoever;  for  m 
the  United  States  of  America  all  the  benefits  of  govern- 
ment originate  in  the  people  themselves,  and  from  the 
people  all  the  power  of  government  is  derived. 

QUESTIONS  AND  TOPICS  FOR  STUDY 

I.  When  were  our  free  schools  first  established?  2.  What 
are  the  sources  of  our  school  funds  in  Illinois?  3.  (a)  What 
officer  is  at  the  head  of  the  public  school  system  of  the  state? 
(b)  State  three  of  his  duties.  4.  How  are  teachers'  county 
certificates  obtained?  5.  Are  the  trustees  of  schools  in  your 
township  elected  at  same  time  as  your  town  officers?  6.  (a) 
What  are  the  duties  of  the  county  superintendent?  (b)  For 
what  length  of  term  elected?  (c)  Upon  what  does  his  salary 
depend?  7.  What  are  the  provisions  of  the  high  school  attend- 
ance law  passed  in  1913? 


CHAPTER  IX 
MISCELLANEOUS 

STATE  EDUCATIONAL  INSTITUTIONS 

The  state  has  made  provision  for  the  professional 
training  of  teachers  for  the  schools  of  the  state  by 
establishing  and  liberally  supporting  five  state  normal 
schools  located  as  follows:  Illinois  State  Normal  Uni- 
versity, Normal;  Southern  Illinois  Normal  University, 
Carbondale;  Eastern  Illinois  State  Normal  School, 
Charleston;  Western  Illinois  State  Normal  School, 
Macomb;  and  Northern  Illinois  State  Normal  School, 
DeKalb.  These  schools  are  governed  by  boards 
appointed  by  the  Governor. 

The  University  of  Illinois,  supported  by  the  state,  is 
located  at  Urbana.  It  is  controlled  by  a  board  of  trustees 
elected  by  the  voters  of  the  state. 

(For  a  more  extended  discussion  of  the  state's  educa- 
tional institutions,  see  Part  II.) 

ILLINOIS  FARMERS'  INSTITUTES 

Farmers'  institutes  are  encouraged  by  the  state  by 
contributions  to  their  support. 

STATE  CHARITABLE  INSTITUTIONS 

Control.  The  state  board  of  administration  controls 
all  the  charitable  institutions,  including  ten  hospitals  for 

108 


MISCELLANEOUS  109 

the  insane  located  as  follows:  Alton,  Elgin,  Kankakee, 
Jacksonville,  Anna,  Watertown,  Peoria,  Chester,  Chi- 
cago, and  Joliet.  Those  at  Chester  and  Joliet  are  for 
insane  criminals.  The  same  board  controls  the  school 
for  the  deaf  and  dumb  at  Jacksonville,  the  one  for  the 
blind  at  Jacksonville,  and  the  one  for  the  feeble  minded 
children  at  Lincoln. 

This  board  also  controls  the  Eye  and  Ear  Infirmary, 
Chicago;  the  Soldiers'  Orphans'  Home,  Normal;  Sol- 
diers' and  Sailors'  Home,  Quincy;  Soldiers'  Widows' 
Home  of  Illinois,  Wilmington ;  Illinois  Industrial  Home 
for  the  Blind,  Chicago;  State  Training  School  for  Girls, 
Geneva ;  and  St.  Charles  School  for  Boys,  St.  Charles. 

Provision  has  been  made  for  a  State  Colony  for 
Epileptics  and  an  Illinois  Surgical  Institute  for  Children. 

(For  a  fuller  discussion  of  these  institutions,  see 
Part  II.) 

STATE  PENAL  AND  REFORMATORY  INSTITUTIONS 

Illinois  State  Penitentiary.  This  institution  is  located 
at  Joliet,  Will  County.  It  is  under  the  control  of  a  board 
of  commissioners.  The  commissioners  meet  at  the  peni- 
tentiary once  a  month  for  the  purpose  of  inspecting  it 
and  receiving  the  reports  of  the  warden  and  other  officers. 
They  make  a  biennial  report  to  the  Governor.  Each 
commissioner  must  give  a  bond  for  $25,000.  His  salary 
is  $1,500  a  year. 

Southern  Illinois  Penitentiary.  This  penitentiary  is 
located  at  Chester,  Randolph  County.  It  is  controlled  by 
a  board  of  commissioners  similar  to  that  for  the  peni- 
tentiary at  Joliet. 

Convict  Labor.  In  1886  an  amendment  to  the  state 
constitution  was  adopted,  prohibiting  the  letting  by  con- 


110  ILLINOIS  AND  THE  NATION 

tract  to  any  person  or  corporation  the  labor  of  any 
convict  confined  within  any  penal  or  reformatory  insti- 
tution of  the  state.  The  state  now  furnishes  the  tools, 
machinery,  and  materials  necessary  to  keep  all  the  con- 
victs employed,  and  offers  for  sale  the  products  of  their 
labor. 

Illinois  State  Reformatory.  This  institution,  formerly 
known  as  the  State  Reform  School,  is  located  at  Pontiac, 
Livingston  County.  It  is  for  the  confinement,  education, 
and  reformation  of  boys  between  the  ages  of  ten  and 
sixteen  years,  who  have  been  convicted  of  crimes,  which, 
if  committed  by  an  adult,  would  be  punishable  with  im- 
prisonment in  the  county  jail  or  the  penitentiary.  Male 
criminals  between  the  ages  of  sixteen  and  twenty-one 
years,  who  have  not  before  been  sentenced  to  a  peniten- 
tiary, may  also  be  sentenced  to  the  reformatory  instead 
of  a  penitentiary,  at  the  discretion  of  the  court. 

Persons  are  not  sentenced  to  the  reformatory  for  any 
definite  time,  and  the  board  of  managers  may  terminate 
the  sentence  at  any  time.  Unless  the  sentence  is  sooner 
terminated  by  the  managers,  it  will  expire  with  the  maxi- 
mum time  fixed  by  law  for  the  given  crime.  The  man- 
agers have  power  to  release  prisoners  on  parole  during 
good  behavior. 

The  reform  school  is  managed  by  this  board  of  man- 
agers, five  in  number,  who  receive  traveling  expenses 
while  on  necessary  business  for  the  institution.  They 
serve  five  years. 

THE  STATE  MILITIA 

Citizen  Soldiers.  The  militia,  or,  as  it  is  sometimes 
called,  the  citizen  soldiery  of  the  state,  consists  of  all 
able-bodied  men  residing  within  the  state,  who  are  be- 


MISCELLANEOUS  111 

tween  the  ages  of  eighteen  and  forty-five.  Certain  per- 
sons, however,  are  exempted  from  military  duty  by  the 
laws  of  the  United  States  or  of  this  state.  While  all  the 
able-bodied  men,  with  few  exceptions,  are  liable  to  be 
called  upon  to  bear  arms,  only  those  who  have  volun- 
tarily formed  themselves  into  organized  companies  and 
regiments  are  called  out  by  the  Governor  so  long  as  these 
are  sufficient  in  number. 

All  officers  of  the  militia  are  commissioned  by  the 
Governor.  The  Governor  himself  is  Commander '  in 
Chief. 

Adjutant  General.  The  chief  officer  of  the  militia, 
next  to  the  Commander  in  Chief,  is  the  Adjutant  Gen- 
eral. The  Governor  issues  his  orders  to  the  militia 
through  the  Adjutant  General.  His  salary  is  $5,000  a 
year. 

STATfe  BOARDS  AND  COMMISSIONS 

In  administering  the  different  institutions,  properties, 
and  statutes  of  the  state  many  boards  and  appointive 
officers  are  necessary.  The  principal  ones  are  as  follows : 

(a)  Those  composed  of  certain  state  officers,  usually 
the  Governor  and  two  or  more  of  the  other  elective 
officers : 

Joint  Legislative  Reference  Bureau 
Canvassing  Board 
Commissioners  of  State  Library 
Trustees  of  Natural  History  Museum 
Lincoln  Homestead  Trustees 
Lincoln  Monument  Commissioners 
Commissioners  of  State  Contracts 
State  Geological  Commission 


112  ILLINOIS  AND  THE  NATION 

(b)  Those  appointed  by  the  Governor: 

Board  of  Administration 

State  Public  Utilities  Commission 

Game  and  Fish  Conservation  Commission 

State  Civil  Service  Commission 

State  Mining  Board 

State  Examining  Board 

Mining  Investigation  Commission 

Mine  Rescue  Station  Commission 

State  Art  Commission 

Live  Stock  Commissioners 

Commissioners  of  Labor 

Charities  Commission 

State  Highway  Commission 

Rivers  and  Lakes  Commission 

Board  of  Pharmacy 

State  Board  of  Health 

State  Board  of  Arbitration 

State  Board  of  Pardons 

Canal  Commissioners 

Illinois  Park  Commission 

Trustees  of  State  Historical  Library 

Industrial  Board 

State  Board  of  Examiners  of  Architects 

State  Board  of  Dental  Examiners 

State  Board  of  Nurse  Examiners 

Board  of  Examiners  for  Barbers 

(c)  The  following  boards  elected  by  the  people  or 
their  representatives : 

State  Board  of  Equalization 
State  Board  of  Agriculture 
State  Horticulture   Society 


MISCELLANEOUS  113 

(d)  The  following  appointive  officers: 

State  Geologist 

Supervising  Engineer 

State  Deporting  Agent 

Game  Wardens 

Fish  Culturist 

Weigh-Masters 

State  Architect 

State  Food  Commissioner 

Insurance  Superintendent 

Factory  Inspector 

Inspector  of  Coal  Mines 

Grain  Inspectors 

Inspector  of  Apiaries 

State  Fire  Marshal 

Printer  Expert 

State  Veterinarian 

State  Highway  Engineer 

State  Entomologist 

Officers  for  Prevention  of  Cruelty  to  Animals 

Commissioners  of  Deeds 

Public  Administrators 

Notaries  Public 

The  Joint  Legislative  Reference  Bureau  through  its 
secretary  collects  and  keeps  on  file  such  information  as 
may  be  helpful  to  members  of  the  legislature  in  forming 
laws. 

The  Canvassing  Board  canvasses  the  votes  and 
announces  the  results  of  state  elections. 

The  Commissioners  of  State  Contracts  have  charge 
of  the  letting  of  state  contracts  such  as  for  fuel  and 
printing. 


114  ILLINOIS  AND  THE  NATION 

The  State  Board  of  Equalization  elected  by  the  people 
and  consisting  of  one  member  from  each  congressional 
district  and  the  State  Auditor  examines  and  equalizes 
the  tax  assessments  and  assesses  the  stock  and  fran- 
chises of  corporations. 

The  State  Board  of  Agriculture,  composed  of  rep- 
resentatives from  the  different  congressional  districts, 
has  charge  of  the  state  department  of  agriculture  and 
the  state  fair  and  stock  shows. 

The  Board  of  Administration  is  composed  of  five 
members  appointed  by  the  Governor.  They  give  their 
entire  time  and  receive  a  salary  of  $6,000  a  year.  The 
board  has  entire  charge  of  all  of  the  state  charitable 
institutions  including  the  hospitals  for  the  insane. 

The  State  Public  Utilities  Commission,  recently 
established  by  law,  consists  of  five  members  appointed 
by  the  Governor.  The  salary  of  each  member  is  $10,000 
a  year.  This  is  one  of  the  most  important  of  the  state 
boards.  It  has  supervision  of  all  public  utilities  within 
the  state,  and  has  power  to  compel  all  railroad,  express, 
sleeping  car,  telegraph,  telephone,  steamboat,  electric 
light,  gas,  heat,  power  and  warehouse  companies  to  serve 
the  people  with  reasonable  efficiency  and  at  equitable 
rates. 

The  State  Highway  Commission,  consisting  of  three 
members  appointed  by  the  Governor,  has  general  over- 
sight of  all  highways,  roads,  and  bridges  constructed  by 
the  state  or  with  state  aid.  The  salary  of  each  member 
is  $10,000  per  year. 

The  Industrial  Board,  consisting  of  three  members 
appointed  by  the  Governor  at  a  salary  of  $4,000  a  year, 
is  another  one  of  the  recently  authorized  boards.  It  has 
jurisdiction  over  the  administration  of  the  employers' 
liability  law. 


MISCELLANEOUS  115 

Notaries  Public,  appointed  by  the  Governor,  have 
authority  to  administer  oaths,  take  depositions,  and 
receive  acknowledgments  of  legal  instruments  such  as 
deeds  and  mortgages. 

The  State  Fire  Marshal,  appointed  by  the  Governor, 
investigates  the  cause  and  origin  of  fires,  makes  recom- 
mendations on  ways  to  prevent  fires,  and  prosecutes 
those  charged  with  arson. 

The  State  Food  Commissioner,  appointed  by  the  Gov- 
ernor at  a  salary  of  $3,600  per  year,  enforces  laws  which 
seek  to  insure  pure  food  for  the  citizens  of  the  state. 

The  duties  of  many  of  the  other  boards  and  officers 
are  suggested  by  their  titles.  An  extended  discussion 
of  them  will  be  found  in  Part  II. 

QUESTIONS  AND  TOPICS  FOR  STUDY 

I.  Name  and  locate  the  five  state  normal  schools.  2.  What 
is  the  state  militia?  3.  For  what  purpose  do  we  have  the  state 
board  of  agriculture?  4.  What  powers  has  a  notary  public? 


CHAPTER  X 

NATIONAL  GOVERNMENT 
HISTORICAL  SKETCH 

Declaration  of  Independence.  July  4,  1776,  the  date 
of  the  adoption  of  the  Declaration  of  Independence,  may 
be  regarded  as  the  beginning  of  our  national  existence. 

In  this  connection,  review  our  colonial  history  suf- 
ficiently to  understand  the  need  and  the  nature  of  the 
Declaration  of  Independence. 

Articles  of  Confederation.  Immediately  after  the 
adoption  of  the  Declaration  of  Independence,  a  plan  was 
proposed  for  the  union  of  the  states,  but  it  did  not  meet 
with  approval. 

In  1777,  the  Articles  of  Confederation  were  agreed  to 
by  Congress,  and  were  to  be  in  force  when  ratified  by 
all  of  the  states.  Ten  states  ratified  them  the  next  year, 
but  the  remaining  states  failed  to  do  so  promptly.  Indeed, 
Maryland  withheld  her  ratification  till  1781,  nearly  five 
years  after  the  Declaration  of  Independence,  and  only 
six  months  before  the  surrender  of  Cornwallis  practically 
closed  the  Revolutionary  War. 

The  Articles  of  Confederation  were  faulty  in  many 
particulars.  Congress  consisted  of  one  house,  the  mem- 
bers of  which  were  chosen  annually  by  the  several  states, 
and  could  be  recalled  at  pleasure.  Members  were  paid 
by  the  state  they  represented.  East  state  had  one  vote, 
which  was  determined  by  a  majority  of  its  delegates. 

116 


NATIONAL  GOVERNMENT  117 

The  vote  of  two-thirds  of  the  states  was  necessary  to 
authorize  any  important  action.  No  provision  was  made 
for  an  executive  department,  nor  for  a  judiciary.  Thus 
Congress  could  declare  war,  but  could  not  compel  the 
states  to  furnish  men  and  supplies.  It  could  make  peace, 
treaties,  and  alliances,  but  any  state  could  violate  the 
provisions  of  these  with  impunity.  It  could  apportion 
taxes  among  the  states,  but  had  no  authority  to  collect 
them.  It  could  borrow  money,  but  could  not  compel 
its  repayment.  It  could  coin  money,  but  had  no  power 
to  purchase  the  necessary  gold  and  silver.  It  could 
appoint  ambassadors,  but  could  not  pay  even  their 
expenses. 

So  insufficient  were  the  Articles  that  a  convention  was 
called  by  Congress  to  meet  at  Philadelphia  in  May,  1787, 
for  the  express  purpose  of  revising  them.  This  con- 
vention was  attended  by  delegates  from  every  state  but 
Rhode  Island.  Two  of  the  three  delegates  from  New 
York  returned  home  before  the  final  action  was  taken, 
leaving  that  state  without  a  vote. 

The  Constitution.  The  Articles  were  found  to  be 
faulty  in  theory  as  well  as  practice,  and,  after  consider- 
able discussion,  the  convention  decided  to  abandon  them 
and  prepare  a  constitution  on  another  plan.  The  result 
was  the  present  Constitution,  agreed  to  September  15, 
1787,  and  soon  after  reported  to  Congress  together  with 
a  recommendation  that  it  be  submitted  for  ratification 
to  the  conventions  held  in  the  several  states  for  that 
purpose.  The  Constitution  was  submitted  as  recom- 
mended and  was  ratified  by  eleven  states  in  1788.  North 
Carolina  ratified  it  in  1789,  and  Rhode  Island  in  1790. 
"Little  Rhody"  was  practically  forced  into  the  Union. 
The  other  states  were  preparing  to  treat  her  as  a  foreign 
power,  and  to  restrict  her  commerce  by  taxing  goods 


118  ILLINOIS  AND  THE  NATION 

imported  from  Rhode  Island.  When  she  entered  the 
Union,  she  retained  the  old  charter  granted  by  Charles  II 
in  1663,  and  its  abandonment  in  favor  of  a  state  constitu- 
tion in  1842  led  to  Dorr's  Rebellion. 

The  ratification  of  nine  states  was  necessary  to  give 
effect  to  the  Constitution.  It  went  into  operation  on 
the  first  Wednesday  in  March,  1789.  As  this  was  the 
fourth  of  March,  the  terms  of  the  presidents  begin  on  that 
day.  On  account  of  various  delays,  however,  Wash- 
ington was  not  inaugurated  the  first  time  until  April 
30,  1789. 

LEGISLATIVE  DEPARTMENT 

Congress.  The  legislative  power  of  the  national  gov- 
ernment is  vested  in  a  congress  which  consists  of  two 
houses — the  Senate  and  the  House  of  Representatives. 

House  of  Representatives.  The  House  of  Repre- 
sentatives, or  the  "lower  house,"  is  composed  of  members 
elected  by  the  people  of  the  several  states.  The  members 
are  elected  for  two  years. 

Any  person  legally  qualified  to  vote  for  members  of 
the  most  numerous  branch  of  his  state  legislature  may 
vote  for  a  Representative  in  Congress.  This  implies 
that  all  states  are  to  have  more  than  one  legislative 
branch,  and,  as  Representatives  to  Congress  are  elected 
by  the  people,  the  members  of  the  most  numerous 
branch  of  the  state  legislature  are  to  be  elected  in  the 
same  manner.  Each  state  prescribes  the  qualifications 
of  voters  for  members  of  its  legislature.  From  this  it 
follows  that  by  moving  from  one  state  to  another  a 
man  may  gain  or  lose  the  right  to  vote  for  a  Rep- 
resentative in  Congress.  No  state  has  made  the  quali- 
fications of  voters  for  a  Representative  to  be  different 


NATIONAL  GOVERNMENT  119 

from  those  of  voters  for  state  and  local  officers,  so  that, 
as  a  matter  of  fact,  any  legal  voter  in  any  state  can 
vote  for  a  Representative  in  Congress. 

Eligibility  of  Members.  Representatives  must  be  at 
least  twenty-five  years  of  age.  No  person  can  be  a  Rep- 
resentative who  has  not  been  for  seven  years  a  citizen 
of  the  United  States,  and  who  is  not,  when  elected,  an 
inhabitant  of  the  state  from  which  he  is  chosen.  He 
need  not  live  in  the  district  represented  by  him,  but 
it  is  seldom  that  the  people  of  a  district  elect  a  man  from 
another  part  of  the  state.  In  Great  Britain,  on  the  other 
hand,  it  is  common  for  the  people  to  elect  to  the  House 
of  Commons  a  man  who  lives  in  quite  another  part  of 
the  country.  Mr.  Gladstone  resided  in  Wales,  but  for 
many  years  represented  Midlothian,  in  Scotland. 

A  Representative  need  not  remain  an  inhabitant  of 
the  state  from  which  he  is  chosen. 

No  United  States  officer  can  be  a  member  of  the 
House  of  Representatives  during  his  continuance  in 
office. 

States  cannot  add  further  restrictions  upon  eligibility. 

By  the  conditions  of  the  fourteenth  amendment, 
adopted  in  1868,  no  person  can  be  a  Senator  or  Repre- 
sentative who,  having  previously  taken  an  oath  as  an 
officer  of  the  United  States  or  as  a  state  officer  to  support 
the  Constitution  of  the  United  States,  shall  have  en- 
gaged in  rebellion  against  the  United  States,  or  given 
aid  and  comfort  to  their  enemies,  unless  Congress,  by  a 
vote  of  two-thirds  of  each  house,  remove  such  disability. 
Congress  has  removed  this  disability  in  nearly  all  cases. 

In  case  a  state  should  be  added  by  conquest  or 
purchase,  its  inhabitants  becoming  citizens  immediately, 
the  requirements  of  seven  years'  citizenship  in  the  United 
States  would  not  be  necessary,  as  each  state  is,  by  an- 


120  ILLINOIS  AND  THE  NATION 

other  provision,  entitled  to  at  least  one  Representative. 

Each  territory  has  one  Representative.  He  may 
speak  upon  any  question  relating  to  his  territory,  but 
he  has  no  vote. 

Congressional  Apportionments.  After  the  taking  of 
the  census  every  ten  years,  Congress  determines  how 
many  members  of  the  House  of  Representatives  there 
shall  be  for  the  ensuing  ten  years.  Under  the  census 
of  1910  the  number  of  Representatives  is  435. 

The  number  representing  the  population  of  the  United 
States  is  divided  by  the  number  of  Representatives.  The 
quotient  shows  the  number  of  people  entitled  to  one 
Representative.  The  number  is  called  the  "congressional 
ratio."  The  number  representing  the  population  of  each 
state  is  then  divided  by  the  congressional  ratio.  This 
quotient  gives  the  number  of  Representatives  to  which 
the  state  is  entitled.  The  state  is  then  divided  by  its 
legislature  into  as  many  congressional  districts  as  there 
are  Representatives  to  be  elected  in  that  state,  and  each 
district  chooses  one  Representative. 

It  is  evident  that  by  dividing  the  number  representing 
the  population  of  each  state  by  the  congressional  ratio, 
fractions  will  occur  in  nearly  every  case,  and  that  the  sum 
of  the  integral  quotients  will  be  less  than  the  required 
number.  This  is  remedied  by  giving  to  the  states  having 
the  largest  fractions  one  additional  Representative  each, 
until  the  required  number  are  provided  for. 

Congressmen  at  Large.  If  a  state  legislature  fails  to 
provide  for  its  increased  representation  by  redistricting 
the  state  before  the  next  general  election,  the  additional 
Representatives  are  chosen  by  the  voters  of  the  state  on 
a  general  ticket  and  are  known  as  congressmen-at-large. 
Since  the  Congressional  Apportionment  of  1910,  Illinois 
has  elected  two  congressmen-at-large. 


NATIONAL  GOVERNMENT  121 

Slavery.  Prior  to  the  adoption  of  the  thirteenth 
amendment  in  1865,  the  population  of  the  state  was 
obtained  by  counting  all  free  persons,  except  Indians  not 
taxed,  and  three-fifths  of  the  slaves.  This  plan  was 
adopted  as  a  compromise  between  the  delegates  from  the 
northern  and  southern  states  in  the  Constitutional  Con- 
vention. At  that  time  all  the  states  except  Massachusetts 
held  slaves,  but  slavery  was  dying  out  of  all  the  northern 
states.  It  seemed  for  a  time  that  the  question  of  slavery 
would  ruin  all  chances  of  a  constitutional  union,  but 
concessions  were  made  on  both  sides.  The  northern 
states  agreed  to  count  three-fifths  of  the  slaves  in  appor- 
tioning Representatives,  and  the  southern  states  to  count 
the  slaves  in  the  same  manner  in  apportioning  direct 
taxes.  The  northern  states  agreed  that  Congress  should 
not  interfere  with  the  bringing  of  slaves  from  Africa  for 
twenty  years,  and  that  runaway  slaves  should  be 
delivered  up  to  their  masters;  the  southern,  that  a  tax 
not  to  exceed  ten  dollars  ($10)  a  head  might  be  laid  upon 
slaves  so  imported.  Both  compromises  proved  to  be  in 
favor  of  the  southern  states. 

The  Constitution  proper  does  not  mention  slaves 
directly.  They  are  spoken  of  as  "three-fifths  of  all  other 
persons,"  and  as  "such  persons  as  any  of  the  states  now 
existing  shall  think  proper  to  admit." 

From  the  adoption  of  the  fourteenth  amendment  in 
1868,  to  that  of  the  fifteenth  in  1870,  negroes  were 
counted  in  apportioning  Representatives  to  the  southern 
states,  if  those  states  allowed  male  negroes  who  were 
twenty-one  years  of  age,  or  over,  to  vote.  If  only  white 
men  voted,  only  white  persons  were  counted. 

Vacancies.  When  a  vacancy  happens  in  the  repre- 
sentation of  any  state,  from  the  death,  resignation,  or 
expulsion  from  office  of  any  member,  or  by  his  accept- 


V. 

122  ILLINOIS  AND  THE  NATION 

ance  of  an  incompatible  office,  the  Governor  calls  an 
election  to  fill  such  vacancy. 

Officers.  The  House  of  Representatives  elects  its 
speaker  and  other  officers.  The  former  is  considered  by 
many  to  rank  next  to  the  President  in  real  political 
power.  Upon  his  attitude,  friendly  or  otherwise,  toward 
pending  measures  the  work  of  the  House  largely  depends. 
He  may  vote  on  all  questions,  and  is  required  to  do  so 
whenever  his  vote  will  decide  the  pending  question,  or 
when  the  vote  is  by  ballot. 

Upon  two  occasions  the  Lower  House  has  spent  two 
months  or  more  in  electing  a  speaker. 

Besides  the  speaker,  the  House  has  a  clerk,  sergeant 
at  arms,  doorkeeper,  postmaster,  and  chaplain. 

Aside  from  his  other  duties,  the  clerk,  who  is  usually 
an  ex-member  of  Congress,  calls  the  House  to  order  at 
the  beginning  of  the  next  Congress,  and  presides  until  a 
speaker  is  elected. 

The  duties  of  the  other  officers  may  be  inferred  from 
their  titles. 

Impeachment.  The  House  of  Representatives  has 
the  sole  power  of  impeachment. 

When  charges  of  treason,  bribery  or  other  high 
crimes  or  misdemeanors  are  brought  against  an  officer 
of  the  United  States,  a  committee  of  the  House  is 
appointed  to  investigate  them.  If  the  committee  reports 
in  favor  of  his  impeachment,  the  different  charges,  having 
been  reduced  to  writing,  are  discussed  and  voted  upon 
separately.  If  the  House,  by  a  majority  vote,  decides 
upon  impeachment,  the  charges,  or  articles  of  impeach- 
ment, are  sent  to  the  Senate,  and  a  committee  is 
appointed  to  prosecute  the  impeachment  before  that 
body.  The  trial  of  impeachment  will  be  discussed  later. 

Bills  for  Revenue.     All  bills  for  raising  revenue  must 


NATIONAL  GOVERNMENT  123 

originate  in  the  House  of  Representatives.  The  Senate, 
however,  may  propose  or  concur  with  amendments,  as 
in  other  cases.  This  provision  regarding  bills  for  raising 
revenue  was  made  because  the  members  of  the  House 
were  the  direct  representatives  of  the  people  who  pay 
taxes,  and  who  therefore  wish  to  control  the  public  purse. 
Senators  are  now  direct  representatives  of  the  people, 
but  revenue  bills  must  still  originate  in  the  House. 

Senate.  The  Senate  is  composed  of  two  Senators 
from  each  state.  They  are  elected  by  the  people  of  the 
several  states  and  serve  six  years.  They  are  now  chosen 
by  direct  vote  of  the  people  in  the  respective  states 
instead  of  by  the  state  legislatures.  The  change  is  due 
to  the  adoption  of  the  seventeenth  amendment  to  the 
Constitution  of  the  United  States.  The  affirmative  action 
of  the  Connecticut  legislature  on  April  8,  1913,  gave  the 
amendment  the  approval  of  thirty-six  states — the 
required  three-fourths  of  the  state  legislatures  of  the 
Union. 

The  times,  places  and  manner  of  holding  elections  for 
Senators  and  Representatives  are  prescribed  by  the 
several  state  legislatures.  But  Congress  may,  at  any 
time,  make  or  alter  such  regulations. 

The  seventeenth  amendment  provides  that  when 
vacancies  happen  in  the  representation  of  any  state  in 
the  Senate,  the  executive  authority  of  such  state  shall 
issue  writs  of  election  to  fill  such  vacancies.  However, 
the  legislature  of  any  state  may  empower  its  executive  to 
make  temporary  appointments  until  the  people  fill  the 
vacancies  by  election  as  the  legislature  may  direct. 
Pursuant  to  this  provision  the  legislature  of  Illinois  has 
enacted  that  when  a  vacancy  shall  occur  in  the  office  of 
United  States  Senator  from  this  state,  the  Governor  shall 
make  temporary  appointment  to  fill  such  vacancy  until 


124  ILLINOIS  AND  THE  NATION 

the  next  election  of  Representatives  to  Congress,  at 
which  time  the  vacancy  shall  be  filled  by  election. 

When  the  Senators  assembled  for  the  first  time,  they 
were  divided  as  equally  as  possible  into  three  classes. 
Those  of  the  first  class  served  two  years ;  of  the  second 
class,  four  years ;  and  of  the  third  class,  six  years ;  since 
that  time  one-third  of  the  Senators  have  been  chosen 
every  two  years. 

In  the  Constitutional  Convention,  the  question  of 
representation  in  Congress  gave  rise  to  long  and  bitter 
discussion.  The  larger  states  wanted  representation 
in  both  houses  to  depend  upon  population,  while  the 
smaller  states  wanted  equal  representation  of  the  states 
in  both  houses.  They  finally  compromised  by  allowing 
the  representation  in  the  House  to  be  determined  by 
population,  while  equal  representation  was  given  in  the 
Senate. 

Each  Senator  has  one  vote — that  is,  the  Senators  do 
not  vote  by  states.  Senators  from  the  same  state  may, 
and  frequently  do,  vote  upon  opposite  sides  of  a  question. 

Eligibility  of  Senators.  No  person  can  be  a  Senator 
who  has  not  attained  the  age  of  thirty  years,  been  nine 
years  a  citizen  of  the  United  States,  and  who  is  not, 
when  elected,  an  inhabitant  of  the  state  from  which  he 
is  chosen. 

No  officer  of  the  United  States  can  be  a  Senator 
during  his  continuance  in  office. 

It  is  not  necessary  for  a  Senator  to  reside  in  the 
state  during  his  term  of  office. 

Senators  are  "Congressmen"  and  "Members  of  Con- 
gress" just  as  truly  as  are  the  Representatives,  although 
these  terms  are  often  erroneously  limited  to  the  members 
of  the  House  of  Representatives. 

Officers.     The  Vice-President  of  the  United  States  is 


NATIONAL  GOVERNMENT  125 

president  of  the  Senate.  He  has  a  vote  only  in  case  of 
a  tie.  The  Senate  chooses  its  other  officers,  who  are  a 
president  pro  tempore,  a  secretary,  a  chief  clerk,  an 
executive  clerk,  a  sergeant  at  arms,  a  doorkeeper,  and 
a  chaplain. 

While  there  is  an  actual  Vice-President,  the  president 
pro  tempore  is  chosen  to  preside  temporarily  in  the 
absence  of  the  former.  But  when  the  office  of  Vice- 
President  becomes  vacant,  the  president  pro  tempore  is 
chosen  permanently  and  receives  the  same  salary  as  was 
paid  to  the  Vice-President. 

Trials  of  Impeachments.  The  Senate  has  the  sole 
power  to  try  all  impeachments.  When  sitting  for  this 
purpose,  the  Senators  are  on  oath  or  affirmation.  When 
the  President  of  the  United  States  is  tried,  the  Chief 
Justice  presides,  as  the  Vice-President  is  interested  in 
the  result. 

Judgment  in  cases  of  impeachment  can  extend  only 
to  removal  from  office  and  disqualification  to  hold  any 
office  of  honor,  trust  or  profit  under  the  United  States. 
A  two-thirds  vote  of  the  members  present  is  necessary 
to  conviction,  and  removal  from  office  is  a  necessary 
consequence  of  conviction  in  case  of  impeachment.  The 
disqualification  to  hold  office  may,  or  may  not,  be  added. 
The  person  so  convicted  may  also  be  tried  and  punished 
according  to  law.  The  President  has  no  power  to  grant 
pardon  in  cases  of  impeachment. 

It  will  be  seen  that  in  matters  of  impeachment  the 
part  taken  by  the  House  of  Representatives  is,  at  first, 
similar  to  that  taken  by  a  grand  jury,  the  articles  of 
impeachment  being  of  the  nature  of  an  indictment.  After 
the  impeachment  reaches  the  Senate,  the  House,  through 
five  of  its  members,  called  managers,  conducts  the  prose- 
cution in  much  the  same  manner  as  a  criminal  case  is 


126  ILLINOIS  AND  THE  NATION 

conducted  by  a  prosecuting  attorney.  Throughout  the 
trial  the  Senate  sits  with  open  doors,  but  after  the  evi- 
dence and  arguments  are  in,  the  doors  are  closed  and 
the  Senate  deliberates  in  secret  session  in  much  the 
same  manner  as  an  ordinary  jury. 

Meetings  of  Congress.  Congress  meets  each  year  on 
the  first  Monday  in  December.  It  may  by  law  appoint  a 
different  day,  but  at  least  one  meeting  must  be  held  each 
year.  It  should  be  noted  that  all  the  members  of  the 
lower  house  are  elected  every  two  years,  the  election 
occurring  in  the  month  of  November.  The  members 
elect  do  not  take  their  seats,  however,  in  regular  session 
until  the  first  Monday  in  December  of  the  following 
year.  This  is  one  of  the  most  serious  defects  in  what 
may  be  called  the  machinery  of  our  national  government. 
The  terms  of  the  members  elect  begin  on  the  fourth  day 
of  March  next  following  the  election,  but  in  the  absence 
of  an  extra  session  called  by  the  President,  the  Congress 
of  which  they  are  members  does  not  convene  until 
December. 

Extra  sessions  of  Congress,  or  of  either  house,  may  be 
called  by  the  President  upon  extraordinary  occasions. 

Membership.  Each  house  is  the  judge  of  the  elec- 
tions returns,  and  qualifications  of  its  own  members. 
Each  house  has  a  committee  on  elections,  to  whom  all 
contested  cases  are  referred,  the  house  itself  acting  upon 
the  report  of  the  committee  when  it  is  rendered.  The 
decision  of  the  house  is  final. 

Quorum.  A  majority  of  either  house  constitutes  a 
quorum  to  do  business.  A  smaller  number  may  adjourn 
from  day  to  day,  and  are  authorized  to  compel  the 
attendance  of  absent  members. 

In  England  40  members  of  the  House  of  Commons 
constitute  a  quorum,  though  there  are  670  members  in  all. 


;. 


NATIONAL  GOVERNMENT  127 

Rules.  Each  house  determines  the  rules  of  its  pro- 
ceedings, has  power  to  punish  its  members  for  disorderly 
conduct,  and,  by  a  concurrence  of  two-thirds,  may  expel 
a  member. 

Journals.  Each  house  keeps  a  journal  of  its  pro- 
ceedings. These  journals  are  published  from  time  to 
time,  except  such  parts  as,  in  the  judgment  of  the 
respective  houses,  require  secrecy. 

Yeas  and  Nays.  In  either  house,  at  the  request  of 
one-fifth  of  those  present,  the  yeas  and  nays  upon  any 
question  are  entered  on  the  journal.  The  opponents  of 
a  pending  measure  sometimes  attempt  to  defeat  or  at 
least  to  delay  it  beyond  the  session  by  making  dilatory 
or  trivial  motions,  such  as  motions  to  adjourn,  and  then 
calling  for  the  yeas  and  nays  upon  all  such  motions. 
This  practice  is  called  "filibustering." 

Adjournments.  During  the  session  of  Congress, 
neither  house  can,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place 
than  that  in  which  the  two  houses  are  sitting.  In  case 
of  disagreement  between  the  two  houses  as  to  the  time 
of  adjournment,  the  President  may  adjourn  them  to  such 
time  as  he  may  think  proper. 

Salary  of  Members.  The  compensation  of  members 
of  Congress  is  fixed  by  law,  and  is  paid  out  of  the  Treas- 
ury of  the  United  States.  Senators  and  Representatives 
receive  $7,500  per  annum.  The  speaker  of  the  House,  and 
the  president  pro  tempore  of  the  Senate  receive  $12,000 
per  annum. 

Members  of  the  English  Parliament  receive  no  salary 
whatever. 

Privileges  of  Members.  In  all  cases  except  treason, 
felony,  and  breach  of  the  peace,  members  of  Congress  are 
privileged  from  arrest  during  their  attendance  at  the 


128  ILLINOIS  AND  THE  NATION 

sessions  of  their  respective  houses,  and  in  going  to  and 
returning  from  them.  They  cannot  be  questioned  in  any 
other  place  for  any  speech  or  debate  made  in  either  house. 

Disabilities  of  Members.  No  Senator,  or  Represent- 
ative can,  during  the  time  for  which  he  is  elected,  be 
appointed  to  any  civil  office  of  the  United  States  which 
may  be  created,  or  the  emoluments  of  which  may  be 
increased,  during  such  time.  This  provision  prevents 
the  President  from  rewarding  members  who  support 
measures  in  which  he  is  interested  by  appointing  them 
to  offices  created  or  made  more  lucrative  during  their 
terms  of  service.  The  intention  is  to  keep  the  executive 
and  legislative  departments  as  distinct  as  possible. 

Oath  of  Members.  Senators  and  Representatives, 
the  members  of  the  several  state  legislatures,  and  all 
executive  and  judicial  officers  of  the  United  States  and 
of  the  several  states  are  bound  by  oath,  or  affirmation, 
to  support  the  Constitution  of  the  United  States.  No 
religious  test  can  be  required  as  a  qualification  to  any 
office  or  public  trust  under  the  United  States. 

Powers  and  Duties  of  Congress.  The  powers  and 
duties  of  Congress  are  defined  by  the  Constitution. 
Nevertheless  there  has  always  been  great  diversity  of 
opinion  as  to  what  the  powers  of  Congress  really  are  in 
several  important  particulars.  The  members  of  the  con- 
vention which  framed  the  Constitution  differed  widely  as 
to  the  powers  that  should  be  given  Congress.  Some  were 
in  favor  of  giving  it  very  great  power,  while  others  were 
in  favor  of  limiting  its  power  to  the  minimum.  Since 
the  adoption  of  the  Constitution,  statesmen  have  divided 
upon  the  same  lines,  and  the  contest  has  been  transferred 
from  the  making  to  the  interpretation  of  that  instru- 
ment. Those  who  favor  an  interpretation  which  tends 
to  limit  the  powers  of  Congress  are  called  "strict  con- 


NATIONAL  GOVERNMENT  129 

structionists,"  while  those  favoring  an  interpretation 
tending  to  enlarge  the  powers  of  Congress  are  called 
"loose  constructionists." 

Taxes  and  Duties.  Congress  has  power  to  levy  and 
collect  taxes  and  duties  to  pay  the  debts  and  provide  for 
the  common  defense  and  general  welfare  of  the  United 
States;  but  all  such  taxes  and  duties  must  be  uniform 
throughout  the  United  States. 

The  Constitution  contains  also  the  words  imposts  and 
excises  in  this  connection,  but  the  laws  of  Congress  use 
only  the  word  duties  for  all  indirect  taxes.  Indirect 
taxes  are  chiefly  of  two  kinds:  Duties  upon  imported 
goods,  commonly  called  tariff  taxes,  and  duties  upon  the 
production  or  use  of  certain  articles  of  trade  or  instru- 
ments in  writing,  as  tobacco,  patent  medicines,  liquors, 
deeds,  bank  checks,  etc.,  commonly  called  internal 
revenue. 

Many  cases  before  the  Supreme  Court  of  the  United 
States  have  involved  the  question  of  what  constitute 
direct  taxes  within  the  meaning  of  the  Constitution, 
which  provides  that  when  direct  taxes  are  levied  by  the 
United  States,  they  shall  be  apportioned  among  the 
several  states  in  proportion  to  their  respective  population. 

The  revenue  law  passed  by  Congress  in  1894  pro- 
vided for  a  tax  on  all  incomes  over  $4,000,  derived  from 
property,  salary,  trade,  etc.,  not  including  necessary 
expenses,  taxes,  and  interest.  The  constitutionality  of 
this  law  was  attacked,  and  the  Supreme  Court  held  it 
unconstitutional  and  void  on  the  ground  that  taxes  on 
incomes  are  direct  taxes  and  so  must  be  apportioned 
among  the  several  states  according  to  their  population. 
The  court  was  divided  upon  this  point,  the  final  vote 
upon  it  standing  five  judges  against  and  four  for  the 
validity  of  the  law. 


130  ILLINOIS  AND  THE  NATION 

This  decision  led  to  the  submission  by  Congress  of 
an  amendment  to  the  Constitution  of  the  United  States 
providing  that  Congress  shall  have  power  to  lay  and 
collect  taxes  on  incomes,  from  whatever  source  derived, 
without  apportionment  among  the  several  states,  and 
without  regard  to  any  census  or  enumeration.  This 
amendment  was  duly  ratified  by  the  legislatures  of  three- 
fourths  of  the  states,  and  became  a  part  of  the  national 
Constitution  in  1913.  It  is  known  as  the  sixteenth 
amendment. 

Pursuant  to  this  amendment  Congress  has  enacted  an 
income  tax  law  in  connection  with  revised  tariff  legisla- 
tion, providing  for  a  graduated  tax  on  all  incomes  over 
$4,000— ($3,000  for  unmarried  persons). 

Capitation  taxes  are  taxes  laid  upon  persons  at  so 
much  a  head,  without  regard  to  property. 

Direct  taxes  have  been  levied  by  Congress  only  five 
times — the  last  in  1861.  Incomes  were  taxed  in  support 
of  the  Union  cause  during  the  Rebellion,  and  such  taxes 
were  then  treated  as  indirect  taxes  by  the  Supreme  Court. 
It  must  be  remembered  that  the  terms  direct  taxes  and 
indirect  taxes  do  not  mean  the  same  in  the  Constitution 
as  in  the  discussion  of  questions  in  political  economy.  In 
the  latter  case,  by  direct  taxes  is  meant  those  which  will 
stay  where  they  are  put,  that  is,  which  cannot  be  added 
by  the  payer  to  the  price  of  goods,  or  otherwise  shifted 
so  that  they  are  ultimately  paid  by  some  one  else ;  while 
by  indirect  taxes  is  meant  those  which  can  be  so  shifted. 

The  ordinary  taxes  levied  by  the  state  and  local 
authorities  are  direct  taxes  within  the  meaning  of  the 
Constitution  as  defined  by  the  Supreme  Court,  but  many 
of  them  may  be  shifted,  and  so  are  indirect  within  the 
meaning  of  political  economy.  Thus,  the  tax  paid  by  a 
manufacturer  upon  the  materials,  machinery,  buildings, 


NATIONAL  GOVERNMENT  131 

etc.,  used  by  him  in  his  business  are  counted  as  a  part 
of  the  cost  of  production,  and  are  included  in  the  price 
for  which  the  manufactured  articles  are  sold.  The  same 
principle  applies  to  merchants ;  the  taxes  which  they  pay 
as  merchants  upon  their  stocks  are  covered  by  the  prices 
at  which  they  sell  their  goods. 

It  has  been  the  policy  of  the  national  government  to 
raise  its  revenues,  as  a  rule,  by  means  of  taxes  which  are 
indirect  in  every  sense  of  the  word — that  is,  indirect  both 
in  form  and  in  fact.  They  are  levied  with  the  expectation 
that  the  person  who  pays  them  will  reimburse  himself 
in  some  way,  and  that  they  will  ultimately  fall  upon 
some  one  else  who  will,  as  it  were,  pay  them  without 
knowing  it.  It  is  upon  the  subject  of  levying  indirect 
tariff  taxes  upon  imports  that  the  doctrines  of  "protec- 
tion" and  of  "tariff  for  revenue  only"  arise. 

Taxes  for  state,  county,  and  other  purposes  paid  by 
citizens  of  Illinois  to  the  local  tax  collector  are  all  direct 
in  form,  although,  as  we  have  seen,  many  of  them  are 
not  so  in  fact. 

Taxes  may  be  collected  to  pay  the  public  debt,  and 
"to  provide  for  the  common  defense  and  to  promote  the 
general  welfare  of  the  United  States."  The  meaning 
and  scope  of  this  expression  has  been  much  discussed  by 
statesmen,  and  has  been  a  fruitful  source  of  contention  be- 
tween the  "strict  constructionists"  and  their  opponents. 

Borrowing  Money.  Congress  may  borrow  money 
upon  the  credit  of  the  United  States.  This  may  be  done 
directly  or  indirectly.  When  money  is  borrowed  directly 
upon  the  credit  of  the  United  States,  interest-bearing 
bonds  are  generally  issued  by  the  government. 

At  various  times  before  the  Civil  War,  Congress 
issued  treasury  notes  and  paid  them  to  such  of  its  cred- 
itors as  were  willing  to  take  them.  These  notes  were 


132  ILLINOIS  AND  THE  NATION 

what  are  spoken  of  in  the  Constitution  as  "bills  of 
credit,"  and  were  promises  to  pay  money  on  demand 
or  at  some  future  time.  Some  of  them  bore  interest. 
None  of  these  notes  issued  prior  to  1862  were  made  legal 
tender,  and  persons  were  not  compelled  to  accept  them 
even  from  the  government. 

Greenbacks.  During  the  Civil  War,  Congress  author- 
ized various  issues  of  treasury  notes  which  were  declared 
to  be  lawful  money  and  legal  tender  in  payment  of  all 
debts,  public  and  private,  except  duties  on  imports  and 
interest  on  the  public  debt.  Interest  on  the  public  debt 
was  paid  in  coin  and  this  could  only  be  done  by  requiring 
tariff  taxes  to  be  paid  in  gold  and  silver,  since  the  gov- 
ernment could  get  gold  and  silver  in  no  other  way. 

The  people  were  compelled  to  take  these  legal  tender 
notes,  commonly  called  "greenbacks,"  in  payment  of 
debts  due  from  the  government,  and  thus  were  indirectly 
forced  to  loan  the  government  the  amount  of  these  issues 
of-  greenbacks,  or  $450,000,000. 

When  the  government  stopped  paying  out  gold  and 
silver  and  issued  in  its  stead  legal  tender  notes,  it  was 
said  that  it  had  "suspended  specie  payments."  The 
amount  of  greenbacks  was  afterward  reduced  to  $346,- 
681,016,  and  in  1879  the  government  again  began  to  pay 
all  its  debts  in  gold  and  silver,  or,  as  it  was  said, 
"resumed  specie  payments." 

Commerce.  Congress  has  power  to  regulate  com- 
merce with  foreign  nations,  among  the  several  states, 
and  with  the  Indian  tribes. 

Under  the  Confederation,  each  state  regulated  the 
commerce  of  its  people,  not  only  among  themselves,  but 
with  other  states  and  foreign  nations.  This  led  to  serious 
difficulties  and  greatly  hindered  trade,  on  account  of  the 
lack  of  uniformity  in  the  regulations  of  the  different 


NATIONAL  GOVERNMENT  133 

states,  and  of  the  constant  change  to  which  they  were 
subject. 

In  pursuance  of  the  power  to  regulate  commerce  with 
foreign  nations,  Congress  passed  the  Embargo  Act  of 
1807.  At  this  time  the  United  States  was  involved  in 
difficulties  with  England  and  France.  The  embargo  was 
laid  on  all  foreign  vessels  bound  to  a  foreign  port,  from 
any  port  within  the  jurisdiction  of  the  United  States,  thus 
compelling  all  such  vessels  to  lay  where  they  were  until 
the  embargo  should  be  raised.  This  action  was  taken 
upon  the  assumption  that  American  trade  was  so  val- 
uable and  necessary  to  those  countries  that,  rather  than 
do  without  it,  they  would  make  terms  with  our  govern- 
ment. The  act  failed  of  its  purpose,  however,  and  was 
repealed  in  1809.  It  was  followed  by  a  non-importation 
act  which  forbade  commercial  intercourse  with  England 
and  France. 

The  Interstate  Commerce  Law  was  passed  by  virtue 
of  power  to  regulate  commerce  among  the  states.  This 
law  was  designed,  among  other  things,  to  prevent  unfair 
discriminations  in  the  transportation  facilities  offered  to 
persons  and  places ;  to  prevent  the  giving  of  passes  to 
persons  supposed  to  possess  influence  valuable  to  rail- 
roads; to  prevent  unfair  discrimination  in  passenger 
fares  as  between  different  places,  and  in  freight  charges, 
either  in  the  form  of  special  rates  or  in  the  form  of 
rebates;  and  to  require  all  charges  to  be  open  and 
public. 

Interstate  Commerce  Commission.  To  enforce  this 
law  Congress  created  the  Interstate  Commerce  Com- 
mission, consisting  of  three  members,  appointed  by  the 
President  and  the  Senate.  The  members  receive  salaries 
bf  $7,500  each. 

Anti-trust  Law.     In  1890  an  act  was  passed  by  Con- 


134  ILLINOIS  AND  THE  NATION 

gress  for  the  purpose  of  protecting  trade  and  commerce 
against  unlawful  restraints  and  monopolies.  This  is 
known  as  the  "Anti-trust  Law."  Like  the  Interstate  Com- 
merce Act,  it  does  not  apply  to  commerce  carried  on 
exclusively  within  a  state,  but  it  declares  every  contract, 
combination  in  the  form  of  trust  or  otherwise,  or  con- 
spiracy, in  restraint  of  trade  or  commerce  among  the 
several  states  or  with  foreign  nations  to  be  illegal.  The 
circuit  courts  of  the  United  States  are  given  jurisdiction 
over  such  cases. 

Naturalization.  Congress  has  power  to  establish  a 
uniform  rule  of  naturalization. 

An  alien  must  first  make  before  the  clerk  of  the  circuit 
(or  superior)  court  a  sworn  declaration  of  intention  to 
become  a  citizen.  Not  less  than  two  nor  more  than  seven 
years  thereafter  he  must  sign,  in  his  own  handwriting, 
his  final  petition  for  naturalization.  Ninety  days  after 
this  he  must  appear  in  court.  He  must  state,  on  oath, 
that  he  is  not  a  disbeliever  in  or  opposed  to  organized 
government,  nor  connected  with  any  organization  teach- 
ing disbelief  in  or  opposition  to  such  government,  that 
he  is  neither  a  polygamist  nor  a  believer  in  polygamy, 
and  that  he  intends  to  reside  permanently  in  the  United 
States.  He  must  renounce  all  allegiance  to  any  foreign 
prince  or  state,  and  swear  that  he  will  support  the  Con- 
stitution and  laws  of  the  United  States.  Finally,  he 
must  prove  by  two  witnesses  that  he  has  resided  five 
years  within  the  United  States  and  one  year  in  the  given 
state  or  territory,  and  behaved  as  a  man  of  good  moral 
character.  No  person  can  be  naturalized  who  can  not 
speak  the  English  language,  if  physically  able. 

When  a  man's  naturalization  is  completed,  his  wife 
and  his  children  under  twenty-one  years  of  age  also  be- 
come citizens.  If  a  man  die  after  having  made  his  dec- 


NATIONAL  GOVERNMENT  135 

laration  and  before  he  secures  his  "final  papers,"  his 
widow  and  his  minor  children  can  become  citizens  upon 
taking  the  necessary  oaths. 

The  children  of  citizens  of  the  United  States  are  con- 
sidered citizens,  though  born  abroad. 

Bankruptcy.  Congress  has  power  to  make  uniform 
laws  on  the  subject  of  bankruptcy  throughout  the  United 
States. 

When  a  person  is  unable  to  pay  his  debts,  he  is  said  to 
be  insolvent.  Upon  his  own  petition,  or  that  of  one  or 
more  of  his  creditors,  he  may  go  through  proceedings  of 
bankruptcy,  by  which  he  may  be  declared  by  the  proper 
officer  to  be  a  bankrupt.  He  is  then  no  longer  liable  for 
past  debts,  but  may  again  accumulate  and  hold  property 
in  his  own  name. 

Coining  Money.  Congress  has  power  to  coin  money, 
and  to  regulate  its  value  and  that  of  foreign  coin. 

The  metals  used  in  coining  money  in  the  United 
States  are  gold,  silver,  copper,  and  nickel.  The  coining 
is  done  by  putting  these  metals  into  proper  form  and 
size,  and  giving  to  them  the  stamp  of  the  government. 
This  is  done  at  the  mints  and  branch  mints  of  the  gov- 
ernment. The  letters  upon  coins,  as  "S,"  "D,"  and  "P" 
show  at  what  mints  the  coins  were  struck — San  Fran- 
cisco, Denver,  or  Philadelphia. 

To  regulate  the  value  of  United  States  money  is  sim- 
ply to  determine  the  ratio  of  one  metal  to  another,  with 
reference  to  their  \veight  in  coins  of  equal  value.  Thus 
the  ratio  of  silver  and  gold  is  now  sixteen  to  one,  that  is, 
the  silver  dollar  weighs  substantially  sixteen  times  as 
much  as  a  gold  dollar. 

The  value  of  foreign  coins  is  regulated  by  Congress 
when  it  fixes  the  rate  at  which  such  coins  will  be  received 
at  the  national  treasury.  This  rate  is  governed  by  their 


136  ILLINOIS  AND  THE  NATION 

bullion  value,  that  is,  their  value  as  gold  or  silver  irre- 
spective of  their  form  and  stamp  as  money.  Foreign 
coins  are  not  legal  tender  in  the  United  States. 

Weights  and  Measures.  Congress  has  power  to  fix 
the  standards  of  weights  and  measures. 

Some  of  the  weights  and  measures  in  common  use 
have  been  determined  by  Congress ;  the  others  rest  upon 
use  and  tradition.  All  were  adopted  from  England.  The 
national  government  and  that  of  each  state  has  a  com- 
plete set  of  weights  and  measures  that  have  been  adopted 
as  standards. 

The  metric  system  of  weights  and  measures  has  been 
authorized  by  Congress,  but  is  little  used  in  this  country 
except  for  scientific  purposes. 

Counterfeiting.  Congress  has  power  to  provide  for 
the  punishment  of  counterfeiting  the  securities  and  cur- 
rent coin  of  the  United  States. 

The  penalty  for  counterfeiting  gold  and  silver  coins 
is  fixed  at  a  fine  not  exceeding  $5,000  and  by  imprison- 
ment not  exceeding  ten  years.  For  counterfeiting  copper 
and  nickel  coins  the  penalty  is  a  fine  not  exceeding  $1,000 
and  imprisonment  not  exceeding  three  years.  The  coun- 
terfeiting of  the  securities  of  the  United  States,  including 
all  bonds,  coupons,  national  bank  notes,  greenbacks,  etc., 
is  punished  by  a  fine  not  exceeding  $5,000  and  by  impris- 
onment at  hard  labor  not  exceeding  fifteen  years. 

Post  Offices  and  Post  Roads.  Congress  has  power  to 
establish  post  offices  and  post  roads. 

By  virtue  of  this  power,  the  Post  Office  Department 
was  established  by  Congress.  It  is  under  the  charge  of 
the  Postmaster-General.  All  postmasters  whose  com- 
pensation is  less  than  $1,000  a  year  are  under  the  rules  of 
the  civil  service.  All  other  postmasters  are  appointed 
by  the  President  and  confirmed  by  the  Senate.  The  com- 


NATIONAL  GOVERNMENT  137 

pensation  of  the  former  class  is  derived  from  the  renting 
of  boxes  and  a  percentage  on  the  sale  of  stamps,  etc. 
Postmasters  of  the  latter  class  receive  salaries. 

Copyrights  and  Patents.  Congress  has  power  to  pro- 
mote the  progress  of  science  and  the  useful  arts  by  secur- 
ing, for  limited  times,  to  authors  and  inventors,  the  exclu- 
sive right  to  their  respective  writings  and  discoveries. 

The  exclusive  rights  of  authors  are  secured  by  copy- 
rights; of  inventors,  by  patents.  The  former,  issued  by 
the  Librarian  of  Congress,  are  valid  for  twenty-eight 
years ;  the  latter,  issued  by  the  Commissioner  of  Patents, 
are  valid  for  seventeen  years. 

Inferior  Courts.  Congress  may  constitute  tribunals 
inferior  to  the  Supreme  Court.  These  will  be  discussed 
under  the  judicial  department. 

Piracy.  Congress  has  power  to  define  and  punish 
piracies  and  felonies  committed  on  the  high  seas,  and 
offenses  against  the  law  of  nations. 

Robbery  at  sea  is  termed  piracy.  The  expression  high 
seas  is  a  general  term  for  the  ocean,  including  coast  waters 
beyond  low-water  mark.  The  law  of  nations  consists  of  a 
body  of  rules,  founded  upon  justice,  and  recognized  as 
governing  the  conduct  and  relations  of  independent  coun- 
tries with  one  another. 

Power  to  Declare  War.  Congress  has  power  to 
declare  war,  grant  letters  of  marque  and  reprisal,  and 
make  rules  concerning  captures  on  land  and  water. 

In  1812  Congress  passed  an  act  declaring  war  against 
Great  Britain.  This  is  the  only  case  in  which  war  has 
been  declared  directly  by  Congress.  In  1846  it  passed  an 
act  which  recited  in  its  preamble  that,  by  the  act  of  the 
Republic  of  Mexico,  a  state  of  war  existed  between  that 
government  and  the  United  States.  A  similar  action  was 
taken  in  1898  regarding  our  war  with  Spain. 


138  ILLINOIS  AND  THE  NATION 

A  rebellion,  or  civil  war,  is  not  a  war  in  the  sense  in 
which  the  word  is  used  in  the  Constitution  and  in  inter- 
national law.  War,  in  this  wide  sense,  can  exist  only 
between  nations.  Therefore  there  was  no  declaration  of 
war  against  the  South  in  the  case  of  the  Rebellion. 

Letters  of  marque  and  reprisal  authorize  a  private 
person  to  cross  the  boundary  into  the  enemy's  country, 
and  to  seize  the  persons  or  property  of  its  subjects. 
When  these  letters  are  granted  to  the  commander  of  a 
private  vessel,  the  vessel  becomes  a  privateer,  and  her 
crew  may  commit  acts  which  before  would  have  been 
piracy. 

United  States  Army.  Congress  has  power  to  raise 
and  support  armies,  but  no  appropriation  of  money  for 
this  purpose  can  be  for  a  longer  term  than  two  years. 

All  of  the  Representatives  and  one-third  of  the  Sen- 
ators are  chosen  every  two  years.  The  people  who  elect 
them  can  virtually  control  the  army  through  the  appro- 
priation for  its  support. 

The  men  who  framed  the  Constitution  looked  upon  a 
large  standing  army  as  a  menace  to  a  free  people,  and 
so  took  this  step  to  prevent  the  President  or  Congress, 
or  both,  from  maintaining  a  large  army  in  time  of  peace, 
or  from  carrying  on  a  foreign  war  against  the  will  of  the 
people.  This  is  the  only  matter  in  which  the  power  of 
Congress  is  curtailed  in  this  manner.  The  policy  of  the 
national  government  has  always  been  in  harmony  with 
this  provision.  At  the  close  of  the  Civil  War  the  great 
army  of  the  Union  was  at  once  disbanded,  and  the  sol- 
diers returned  to  the  pursuits  of  peace  with  a  promptness 
which  astonished  the  governments  of  Europe. 

United  States  Navy.  Congress  has  power  to  provide 
and  maintain  a  navy. 

Although  our  navy  has  always  been  relatively  small, 


NATIONAL  GOVERNMENT  139 

it  has  distinguished  itself  in  our  wars  by  many  brilliant 
victories.  A  fair-sized  navy,  well  equipped,  seems  to  be 
ample  for  all  our  needs.  The  two  years'  restriction  upon 
appropriations  for  the  army  does  not  apply  to  the  navy. 

Rules  for  Army  and  Navy.  Congress  makes  rules  for 
the  government  and  regulation  of  land  and  naval  forces. 
The  rules  for  the  army  and  navy  are  enforced  by  courts 
martial. 

The  Militia.  Congress  provides  for  the  calling  forth 
of  the  militia  to  execute  the  laws  of  the  Union,  suppress 
insurrections,  and  repel  invasions ;  also,  for  the  organ- 
izing, arming,  and  disciplining  of  the  militia,  and  for 
governing  such  part  of  them  as  may  be  employed  in  the 
service  of  the  United  States.  The  appointment  of  officers 
and  the  authority  of  training  the  militia  according  to  the 
discipline  prescribed  by  Congress  is  reserved  to  the 
states  respectively. 

The  militia,  or  citizen  soldiers,  are  called  out  only  in 
cases  of  emergency.  In  1794  and  1861-4  the  militia  were 
called  out  to  suppress  the  Whisky  Insurrection  and  the 
Rebellion,  respectively.  In  1812,  they  were  called  out  to 
repel  the  invasion  of  the  British.  While  in  active  service 
of  the  United  States,  the  militia  are  paid  the  same  as  the 
regular  soldiers  and  are  subject  to  the  same  discipline. 

In  the  war  with  Spain  the  militia,  as  such,  were  not 
called  into  service.  But  many  organizations  of  militia 
entered  the  United  States  service,  in  a  body,  as  volunteers. 

District  of  Columbia.  Congress  exercises  exclusive 
jurisdiction  over  the  District  of  Columbia,  and  over  all 
places  purchased  by  the  consent  of  the  several  states  for 
the  erection  of  forts,  magazines,  arsenals,  dock-yards,  and 
other  needful  buildings.  The  District  of  Columbia  is  in 
reality  a  territory  of  the  United  States,  although  it  is 
not  governed  in  the  same  manner  as  the  other  territories. 


140  ILLINOIS  AND  THE  NATION 

The  District  is  now  governed  by  a  board  of  three  com- 
missioners, two  of  whom  are  appointed  by  the  President 
and  Senate  and  serve  three  years ;  the  third  is  one  of  the 
engineers  of  the  army  detailed  to  this  duty  by  the  Presi- 
dent. There  are  no  elections  of  any  kind  by  the  people 
of  the  District,  they  being  wholly  without  political  rights. 
The  expenses  of  local  government  are  paid  one-half  by 
Congress  and  one-half  by  the  property  owners  of  the 
District,  which  comprises  about  seventy  square  miles,  all 
lying  upon  the  Maryland  side  of  the  Potomac.  The 
District  was  originally  ten  miles  square  and  lay  in  both 
Maryland  and  Virginia,  but  in  1846  the  part  on  the  right 
bank  of  the  Potomac  was  deemed  of  no  advantage  to  the 
national  government,  and  was  ceded  back  to  Virginia. 

Electors.  Congress  determines  the  time  of  choosing 
electors  for  President  and  Vice-President,  and  the  day  on 
which  the  electors  give  their  votes,  which  day,  however, 
must  be  the  same  throughout  the  United  States. 

Other  Powers.    Congress  also  has  power : 

1.  To  declare  the  punishment  of  treason. 

2.  To  dispose  of,  and  make  all  needful  rules  respecting 
the  territory  or  other  property  of  the  United  States. 

3.  To  propose  amendments  to  the  Constitution. 

4.  To  admit  new  states  into  the  Union. 

5.  To  regulate  the  appellate  jurisdiction  of  the  Su- 
preme Court,  and  to  determine  where  trial  of  crimes  shall 
be  held,  when  not  committed  within  any  state. 

6.  To  prescribe,  by  general  laws,  the  manner  in  which 
the  public  acts,  records,  and  judicial  proceedings  of  the 
several  states  shall  be  proved,  and  what  shall  be  their 
effect. 

Under  this  power  Congress  has  provided  the  manner 
in  which  acts  of  state  legislatures,  the  records  and  judi- 
cial proceeding  of  state  courts,  and  all  records  which  may 


NATIONAL  GOVERNMENT  141 

be  kept  in  any  public  office  of  any  state,  not  appertaining 
to  a  court,  may  be  proved  or  admitted  in  any  court  or 
office  in  any  other  state.  When  so  proved,  or  "authenti- 
cated," such  records  have  the  same  faith  and  credit  given 
to  them  in  every  court  and  office  within  the  United  States 
as  they  have  by  law  or  usage  in  the  courts  or  offices  of 
the  state  from  which  they  are  taken.  This  applies  to 
territories  of  the  United  States,  and  to  other  countries, 
as  well  as  to  the  several  states. 

7.  To  revise  and  control  any  state  laws  respecting  the 
laying  of  duties  on  imports  and  exports. 

8.  To  declare  what  officer  shall  act  as  President  in 
case  of  the  removal,  death,  resignation,  or  inability  of 
both  President  and  Vice-President. 

9.  To  vest  the  appointment  of  such  inferior  officers  as 
it  may  think  proper  in  the  President  alone,  in  the  courts 
of  law,  or  in  the  heads  of  departments. 

The  more  important  of  these  powers  are  discussed 
elsewhere. 

Execution  of  Powers.  Congress  has  power  to  make 
all  laws  which  may  be  necessary  for  carrying  into  execu- 
tion the  powers  granted  to  it  by  the  Constitution,  and  all 
other  powers  vested  by  it  in  the  government  of  the 
United  States,  or  in  any  department  or  officer  of  the 
government. 

Since  the  formation  of  the  national  government, 
statesmen  of  the  strict-constructionist  type  have  con- 
tended that  this  provision  should  be  confined  to  those 
powers  which  have  been  expressly  given  to  Congress  by 
the  Constitution,  basing  their  argument  upon  the  tenth 
amendment,  which  provides  that  the  powers  not  dele- 
gated to  the  United  States  by  the  Constitution,  nor  pro- 
hibited by  it  to  the  states,  are  reserved  to  the  states 
respectively  or  to  the  people.  Other  statesmen  have  con- 


142  ILLINOIS  AND  THE  NATION 

tended  that  many  powers  are  necessarily  implied  which 
Congress  must  assume  in  order  to  carry  out  the  intent 
of  the  Constitution  as  expressed  in  its  preamble — "to 
provide  for  the  common  defense"  and  "to  promote  the 
general  welfare."  Struggles  have  taken  place  in  Congress 
,upon  this  issue  in  connection  with  the  chartering  of  the 
United  States  Bank  (1791  to  1832)  ;  the  appropriation  of 
money  by  Congress  for  the  building  of  the  Cumberland 
Road  to  connect  the  Mississippi  valley  with  the  Atlantic 
seaboard ;  the  levying  of  tariff  duties  for  the  purpose  of 
"protection"  and  not  "for  revenue  only ;"  the  annexation 
of  Louisiana  and  other  foreign  territory;  and  various 
other  questions  of  less  importance. 

Limitations  of  Power.  Certain  limitations  of  the 
power  of  Congress  are  contained  in  the  Constitution  and 
its  amendments.  The  following  are  the  most  important 
ones : 

The  Slave  Trade.  The  Constitution  provides  that 
"the  migration  or  importation  of  such  persons  as  any  of 
the  states  now  existing  shall  think  proper  to  admit"  shall 
not  be  prohibited  by  Congress  prior  to  1808,  but  that  a 
tax  not  exceeding  ten  dollars  for  each  person  may  be 
imposed  on  such  importation.  This  provision  refers  to 
the  importation  of  slaves.  The  tax  authorized  was  never 
imposed,  but  importation  was  prohibited  after  January  1, 
1808,  and  in  1820  Congress  declared  the  slave  trade  to  be 
piracy. 

Habeas  Corpus.  The  privilege  of  the  writ  of  habeas 
corpus  cannot  be  suspended,  except  when,  in  cases  of 
rebellion  or  invasion,  the  public  safety  may  require  it. 

A  writ  of  habeas  corpus  has  for  its  object  the  pre- 
vention of  false  or  unjust  imprisonment.  By  it  the  pris- 
oner accused  of  crime  is  brought  into  court,  and  the 
cause  of  his  imprisonment  is  investigated.  The  writ  is 


NATIONAL  GOVERNMENT  143 

also  sometimes  used  to  liberate  persons  confined  in  hos- 
pitals for  the  insane,  or  other  places  than  prisons,  and 
to  obtain  possession  of  children  who  are  in  the  custody 
of  persons  not  legally  entitled  to  such  custody. 

This  writ,  like  all  others  used  at  law,  was  formerly 
written  in  Latin  and  takes  its  name  from  the  words 
habeas  corpus,  which  were  contained  in  the  old  writ,  and 
which  mean  "you  may  have  the  body." 

The  writ  of  habeas  corpus  was  suspended  throughout 
the  United  States  in  case  of  deserters  and  other  military 
offenders  by  authority  of  Congress  in  1863.  Prior  to  this, 
it  had  been  suspended  by  the  President  in  different  por- 
tions of  the  country. 

Ex  Post  Facto  Laws.  No  bill  of  attainder  or  ex  post 
facto  law  can  be  passed. 

A  bill  of  attainder  inflicts  death  or  other  punishment, 
without  a  judicial  trial,  and,  in  countries  where  it  is 
allowed,  is  usually  passed  without  giving  the  accused  an 
opportunity  of  defending  himself. 

An  ex  post  facto  law  is  one  which  makes  an  act  a  crime 
which  was  not  so  when  the  act  was  committed,  or  which 
inflicts  a  punishment  greater  than  that  imposed  when  the 
crime  was  committed.  The  expression  applies  only  to 
criminal  laws. 

Direct  Taxes.  Capitation  or  other  direct  taxes  can 
only  be  levied  by  Congress  in  proportion  to  population 
as  shown  by  the  census.  This  has  been  discussed  under 
the  head  of  "Powers  of  Congress." 

Duty  on  Exports.  No  duty  can  be  laid  on  articles 
exported  from  any  state.  If  an  export  duty  were  laid 
the  effect  would  be  to  increase  the  selling  price  of  ex- 
ported goods  by  a  like  amount,  and  thus  make  it  more 
difficult  for  our  people  to  compete  with  other  traders  in 
foreign  markets. 


144  ILLINOIS  AND  THE  NATION 

Coasting  Trade.  No  preference  can  be  given,  by  any 
regulation  of  commerce  or  revenue,  to  the  ports  of  one 
state  over  those  of  another;  nor  can  vessels  bound  to 
or  from  one  state  be  obliged  to  enter,  clear,  or  pay  duties 
in  another. 

Expenditures.  No  money  can  be  drawn  from  the 
Treasury,  except  in  consequence  of  appropriations  made 
by  law.  A  regular  account  of  receipts  and  expenditures 
of  all  public  money  must  be  published  from  time  to  time. 
The  Secretary  of  the  Treasury  reports  annually  to  Con- 
gress, giving  a  full  account  of  receipts  and  expenditures. 
This  provision  of  the  Constitution  is  really  a  restriction 
upon  the  expenditure  of  money  by  the  executive  depart- 
ment, and  gives  Congress  full  control  of  the  expenditures 
as.  well  as  of  the  raising  of  all  revenues. 

Titles  of  Nobility.  No  title  of  nobility  can  be  granted 
by  the  United  States,  nor  can  any  person  holding  any 
office  of  profit  or  trust  under  them,  without  the  consent 
of  Congress,  accept  of  any  present,  emolument,  office,  or 
title  of  any  kind  whatever,  from  any  king,  prince,  or 
foreign  state.  Titles  of  nobility  are  out  of  harmony  with 
a  republican  form  of  government.  Even  those  framers 
of  the  Constitution  who  most  strongly  favored  the  na- 
tional government,  as  against  the  rights  reserved  to  the 
states,  were  opposed  to  any  aristocratic  distinctions  in 
connection  with  the  government  or  among  the  people. 
In  former  times  gifts  which  were  of  the  nature  either 
of  bribes  or  of  tribute  passed  between  rulers  and  states. 
Such  practices  could  not  be  tolerated  by  this  country, 
and  the  Constitution  wisely  put  a  restraint  upon  all  gifts 
from  foreign  rulers  or  powers. 

Civil  Rights.  Congress  can  not  pass  laws  abridging 
the  freedom  of  speech  or  of  the  press.  The  right  of  the 
people  to  assemble  peaceably,  to  petition  the  government 


NATIONAL  GOVERNMENT  145 

for  a  redress  of  grievances,  or  to  carry  arms  can  not  be 
infringed. 

These  provisions  are  found  among  the  first  amend- 
ments to  the  Constitution,  adopted  in  1791.  The  demand 
for  them  by  the  people  as  a  part  of  the  supreme  law  of 
the  land  grew  out  of  their  experience  and  that  of  their 
forefathers  with  the  English  government.  It  must  be 
remembered  that  freedom  of  speech  and  of  the  press 
means  simply  the  right  to  discuss  all  matters  of  public 
interest  freely  and  fully ;  it  does  not  involve  a  license  to 
say  anything,  anywhere,  and  at  any  time,  regardless  of 
the  truth  or  falsity  of  the  thing  said,  or  of  the  intent  or 
purpose  of  its  utterance. 

The  constitutional  right  of  the  people  to  bear  arms 
does  not  give  a  citizen  a  license  to  habitually  carry  a 
revolver  or  other  deadly  weapon.  This  provision  refers 
to  the  right  of  the  people  of  the  several  states  to  organize 
and  equip  themselves  as  militia,  so  as  not  to  be  dependent 
upon  the  regular  army  of  the  nation  for  the  protection  of 
their  own  affairs. 

Religious  Freedom.  Congress  can  make  no  law  re- 
specting the  establishment  or  prohibition  of  the  free 
exercise  of  religion,  nor  can  it  require  any  religious  test 
of  any  person  as  a  qualification  for  the  holding  of  any 
office. 

EXECUTIVE  DEPARTMENT 

President.  The  executive  power  is  vested  in  the 
President  of  the  United  States  of  America.  He  is 
elected  for  four  years. 

It  was  the  purpose  of  the  convention  which  framed 
the  Constitution  to  make  the  executive  as  independent 
of  the  other  departments  as  possible.  And  yet  caution 


146  ILLINOIS  AND  THE  NATION 

was  observed  lest  the  executive,  being  free  from  restraint, 
might  become  autocratic  and  tyrannical.  Some  were  in 
favor  of  making  the  executive  consist  of  two  or  three 
persons  elected  from  different  parts  of  the  Union,  but  a 
large  majority  wisely  favored  a  single  executive. 

How  Chosen.  The  President  is  chosen  by  electors, 
who  are  chosen  by  the  several  states  on  the  Tuesday 
next  after  the  first  Monday  in  November  of  every  fourth 
year. 

Each  state  is  entitled  to  as  many  electors  as  it  has 
Representatives  and  Senators  in  Congress,  and  they  are 
chosen  in  such  manner  as  the  state  legislature  may 
direct.  No  Senator  or  Representative,  or  person  holding 
an  office  of  trust  or  profit  under  the  United  States  can 
be  appointed  an  elector.  In  Illinois  the  electors  are 
chosen  by  the  people  of  the  state,  voting  by  general 
ticket.  In  this  way,  each  voter  casts  his  ballot  for  the 
number  of  electors  to  which  the  state  is  entitled.  These 
electors  are  put  in  nomination  by  the  several  political 
parties  at  their  state  or  district  conventions. 

The  electors  of  the  several  states  meet  at  their  re- 
spective state  capitols  on  the  second  Monday  in  January, 
and  vote  separately  for  President  and  Vice-President, 
both  of  whom  cannot  be  from  the  same  state  as  the 
electors.  They  then  make  separate  lists  of  all  persons 
voted  for  as  President  and  Vice-President,  showing  the 
number  of  votes  for  each.  The  lists  are  signed,  certified, 
and  sent  sealed  to  Washington,  directed  to  the  President 
of  the  Senate.  On  the  second  Wednesday  in  February, 
these  lists  are  opened  by  the  President  of  the  Senate,  in 
the  presence  of  both  houses  of  Congress,  and  the  votes 
are  counted.  The  person  having  the  highest  number  of 
votes  for  President  is  declared  President,  and  the  person 
having  the  highest  number  of  votes  for  Vice-President  is 


B 

H 


NATIONAL  GOVERNMENT  147 

declared  to  be  elected  Vice-President,  provided  that,  in 
each  case,  the  highest  number  of  votes  received  is  a 
majority  of  all  the  electors  appointed.  In  case  the  high- 
est number  of  votes  for  President  is  less  than  the 
required  majority,  the  House  of  Representatives  at  once 
chooses,  by  ballot,  a  President  from  the  persons  (not 
exceeding  three  of  those  voted  for  as  President)  having 
the  highest  numbers.  In  choosing  the  President,  the 
votes  are  taken  by  states,  each  state  having  one  vote. 
A  quorum  for  this  purpose  consists  of  one  or  more  mem- 
bers from  two-thirds  of  the  states,  and  a  majority  of  all 
the  states  is  necessary  to  a  choice.  If  no  person  has  the 
required  majority  of  electoral  votes  for  Vice-President, 
the  Senate  chooses,  from  the  two  highest  numbers  on  the 
list,  a  Vice-President.  A  quorum  for  this  purpose  con- 
sists of  two-thirds  of  the  whole  number  of  Senators,  and 
a  majority  of  the  whole  number  is  necessary  to  a  choice. 

No  person  constitutionally  ineligible  to  the  office  of 
President,  is  eligible  to  the  office  of  Vice-President  of  the 
United  States. 

If  the  House  of  Representatives  should  fail  to  choose 
a  President,  whenever  the  right  of  choice  falls  upon  it, 
before  the  fourth  day  of  March  next  following,  the  Vice- 
President  would  act  as  President,  as  in  case  of  the  death 
or  other  constitutional  disability  of  the  President. 

Electoral  Count  Bill.  The  Constitution  makes  no  pro- 
vision for  cases  in  which  there  are  two  certificates  of 
electoral  votes  from  the  same  state. 

In  1876  there  were  369  electors  and  185  were  neces- 
sary to  elect  a  President.  Tilden  and  Hendricks  received 
184  votes,  Hayes  and  Wheeler  164  votes,  and  four  states 
— South  Carolina,  Florida,  Louisiana,  and  Oregon — hav- 
ing a  total  of  21  votes,  returned  two  certificates  each. 
It  then  became  necessary  to  decide  not  only  which  were 


148  ILLINOIS  AND  THE  NATION 

the  legal  returns  from  those  states,  but  also  who  should 
determine  which  were  legal. 

The  matter  created  much  discussion,  which  was  car- 
ried on  amidst  great  excitement.  After  much  delay  and 
debate,  Congress  referred  all  the  cases  to  an  Electoral 
Commission,  consisting  of  fifteen  members — five  Sen- 
ators, five  Representatives  and  five  Justices  of  the  Su- 
preme Court.  The  cases  were  all  decided  by  a  vote  of 
eight  to  seven  in  favor  of  Hayes  and  Wheeler,  who  were 
declared  elected  by  an  electoral  vote  of  185  to  184. 

In  1887,  Congress  passed  what  is  known  as  the 
Electoral  Count  Bill.  The  following  are  its  leading 
provisions : 

Each  state  may  provide  by  law  for  the  final  deter- 
mination, by  judicial  or  other  proceedings,  of  all  cases 
of  contest  concerning  the  appointment  of  its  electors. 
And  if  such  provision  be  made  by  law  prior  to  the  day 
for  appointing  electors,  and  if  all  contests  have  been 
determined  according  to  such  law,  at  least  six  days  before 
the  time  fixed  for  the  meeting  of  the  electors  to  cast  their 
votes,  such  determination  shall  be  conclusive,  and  shall 
govern  the  counting  of  the  electoral  votes  so  far  as  that 
state  is  concerned. 

In  case  only  one  return  is  made  by  any  state,  no 
electoral  votes  which  have  been  regularly  given  by 
electors  whose  appointments  have  been  lawfully  certified 
by  the  Governor  can  be  rejected.  But  the  two  houses 
concurrently  may  reject  the  votes  when  they  agree  that 
they  have  not  been  regularly  given  by  electors  whose 
appointment  has  been  legally  certified. 

In  case  more  than  one  return  is  made  by  any  state, 
only  those  votes  shall  be  counted  which  have  been  regu- 
larly given  by  electors  who  are  shown  by  the  determina- 
tion of  the  state  tribunal  to  be  duly  appointed. 


NATIONAL  GOVERNMENT  149 

In  case  two  or  more  returns  from  the  same  state 
claim  to  be  thus  determined  by  lawful  tribunals,  only 
the  votes  of  those  electors  shall  be  counted  whose  title 
as  electors  the  two  houses,  acting  separately,  shall  deter- 
mine to  be  supported  by  the  decision  of  the 'state  ren- 
dered according  to  its  laws. 

In  case  two  or  more  returns  are  made  by  the  same 
state,  and  no  lawful  determination  has  been  made  in  the 
state,  only  those  votes  can  be  counted  which  the  two 
houses  concurrently  decide  are  the  lawful  votes  of  legally 
appointed  electors.  But  if  the  two  houses  disagree  with 
respect  to  the  counting  of  the  votes,-  the  votes  of  the 
electors  whose  appointment  is  certified  by  the  Governor 
of  the  state  are  counted. 

The  Electoral  System.  Whatever  may  be  the  merits 
or  demerits  of  the  system  by  which  the  President  is 
chosen  by  electors,  it  is  certain  that  it  does  not  realize 
the  objects  sought  by  the  framers  of  the  Constitution. 
They  wished  to  avoid  the  "heats  and  ferments"  of  elec- 
tions of  President  by  a  popular  vote,  and  also  to  make 
the  President  entirely  independent  of  the  body  choosing 
him.  The  supposition  was  that  under  the  system 
adopted,  the  electors  would  be  free  and  untrammeled 
when  they  met  to  cast  their  votes,  and  that  each  would 
vote  for  the  candidate  who  seemed  to  him  to  be  best 
qualified,  all  things  considered.  But  such  has  not  been 
the  case  since  1796.  In  order  to  fully  understand  the 
system  which  now  prevails  it  is  necessary  to  consider 
two  elements  which  exist  without  any  provision  of  con- 
stitution or  of  law,  but  which  really  control  the  entire 
matter. 

National  Conventions.  National  nominating  conven- 
tions are  mere  party  measures,  but  they  are  governed  by 
fixed  rules  which  have  grown  up  since  1832.  Each  party 


150  ILLINOIS  AND  THE  NATION 

has  a  regular  committee  which  calls  its  convention  in  a 
prescribed  manner.  The  convention  nominates  party 
candidates  for  President  and  Vice-President,  and  adopts 
a  declaration  of  party  principles  called  a  "platform." 
The  statement  of  the  platform  upon  a  particular  subject 
or  issue  of  the  campaign  is  called  a  "plank."  The  candi- 
dates nominated  are  expected  to  "stand  squarely  upon 
the  platform." 

Advisory  Vote  on  Candidates  for  President.  During 
the  campaign  of  1912  many  states,  including  Illinois, 
passed  laws  providing  for  an  advisory  vote  on  the  Presi- 
dent to  be  held  under  the  primary  election  laws  of  the 
state. 

State  Electoral  Tickets.  The  state  organization  of 
every  political  party  participating  in  the  national  election 
nominates  two  electors-at-large — that  is,  chosen  from  the 
entire  state — and  an  elector  from  each  congressional  dis- 
trict. The  men  thus  nominated  make  up  the  electoral 
ticket  for  that  state,  and  are  voted  for  as  a  portion  of 
the  party  ticket  at  the  ensuing  election. 

The  electors  of  the  party  which  is  successful  in  any 
state  constitute  what  is  called  the  "Electoral  College"  of 
that  state,  and  from  the  time  of  their  election  are  gov- 
erned by  the  Constitution,  and  the  laws  of  their  state 
and  of  Congress  as  hereinbefore  given. 

By  means  of  this  party  machinery  the  electors  are 
pledged  in  advance  to  vote  for  a  particular  party  candi- 
date for  President  and  also  for  Vice-President.  It  is 
difficult  to  see  how  the  "heat  and  ferment"  of  our  na- 
tional campaigns  could  be  much  greater  under  any  other 
system  of  choosing  a  President. 

Eligibility.  The  President  must  be  a  natural  born 
citizen  of  the  United  States  and  at  least  thirty-five  years 
cf  age.  The  same  is  true  of  the  Vice-President. 


NATIONAL  GOVERNMENT  151 

Residence  abroad  on  official  duty,  as  that  of  an  ambas- 
sador or  minister,  is  not  a  disqualification. 

Presidential  Succession.  In  case  of  the  removal  of 
the  President  from  office,  or  of  his  death,  resignation,  or 
inability  to  perform  the  duties  of  office,  the  Vice-Presi- 
dent, if  there  be  one,  takes  the  oath  of  office,  and  becomes 
President.  If  there  should  be  no  Vice-President,  the 
duties  of  the  President  devolve  upon  the  Secretary  of- 
State,  and  in  case  of  his  death,  resignation,  or  removal 
from  office,  upon  the  Secretary  of  the  Treasury,  and  so 
on  through  the  cabinet  officers,  the  succession  being  in 
the  order  in  which  the  offices  were  established  by  Con- 
gress ;  viz.,  Secretary  of  State,  Secretary  of  the  Treasury, 
Secretary  of  War,  Attorney-General,  Postmaster-General, 
Secretary  of  the  Navy,  Secretary  of  the  Interior.  The 
law  concerning  the  presidential  succession  applies  only 
to  such  cabinet  officers  as  have  been  appointed  with  the 
consent  of  the  United  States  Senate,  and  such  as  are 
eligible  to  the  office  of  President  under  the  Constitution. 

Prior  to  1886,  the  order  of  succession  after  the  Vice- 
President  was  president  pro  tempore  of  the  Senate,  and 
speaker  of  the  House  of  Representatives.  But  it  some- 
times happens  that  these  offices  are  both  vacant  at  the 
same  time,  on  account  of  the  fact  that  one  Congress 
ends  on  the  fourth  of  March,  and  the  next  does  not  regu- 
larly meet  and  elect  officers  until  the  first  Monday  in  the 
following  December.  On  this  account,  chiefly,  Congress 
changed  the  presidential  succession  to  the  members  of 
the  cabinet  in  the  order  indicated.  By  this  arrangement, 
the  successor  to  the  presidency  is  sure  to  be  of  the  same 
political  party  as  his  predecessor. 

When  the  office  of  President  becomes  vacant  the 
Vice-President  takes  the  oath  of  office  and  becomes 
President.  But  when  a  vacancy  occurs  in  the  office  of 


152  ILLINOIS  AND  THE  NATION 

Vice-President,  it  continues  until  the  next  presidential 
election. 

Oath.  Before  entering  upon  the  duties  of  his  office, 
the  President  solemnly  swears  (or  affirms)  that  he  will 
faithfully  execute  the  office  of  President  of  the  United 
States,  and  will,  to  the  best  of  his  ability,  preserve,  pro- 
tect, and  defend  the  Constitution  of  the  United  States. 

The  Constitution  and  laws  merely  fix  the  date  and 
prescribe  the  oath  to  be  taken  in  connection  with  the 
President's  inauguration.  It  is  customary  for  the  Presi- 
dent to  deliver  an  inaugural  address  before  taking  the 
oath  of  office,  and  for  the  Chief  Justice  to  administer  the 
oath ;  but  the  address  is  not  required  of  the  President, 
and  any  magistrate  who  has  power  to  administer  oaths 
could  lawfully  act  upon  this  occasion. 

Commander-in-Chief.  The  President  is  Commander- 
in-Chief  of  the  army  and  navy  of  the  United  States,  and 
of  the  militia  of  the  several  states  when  they  are  called 
into  the  actual  service  of  the  United  States.  The  Presi- 
dent has  never  taken  command  of  the  army  or  navy  in 
person,  but  has  delegated  his  authority  to  officers  whom 
he  chose  for  that  purpose. 

Although  great  authority  is  given  the  President  in 
making  him  Commander-in-Chief  of  the  army  and  navy, 
yet  so  many  safeguards  were  provided  in  the  Constitu- 
tion as  a  whole,  that  the  President,  were  he  so  disposed, 
could  not  long  use  the  military  power  of  the  country 
against  the  liberties  of  the  people  without  the  consent 
of  Congress. 

Reprieves  and  Pardons.  The  President  has  power  to 
grant  reprieves  and  pardons  for  offenses  against  the 
United  States,  except  in  cases  of  impeachment.  The 
Supreme  Court  has  held  that  the  President  may  commute 
a  sentence  of  death  to  imprisonment  for  life. 


NATIONAL  GOVERNMENT  153 

In  cases  of  impeachment  it  was  considered  that  the 
power  to  pardon  would  be  liable  to  abuse,  and  for  this 
reason  a  judgment  in  impeachment  proceedings  cannot 
be  changed  or  set  aside  by  any  pardoning  power.  But 
the  giving  of  a  pardoning  power  to  the  executive  in  all 
other  cases  of  offenses  against  the  government  is  a  wise 
and  humane  provision  of  the  Constitution. 

Treaties.  The  President  has  power,  with  the  consent 
of  the  Senate,  to  make  treaties.  A  treaty  is  an  agreement 
between  two  or  more  sovereign  nations. 

When  a  treaty  is  made,  the  President  acts  through 
the  Secretary  of  State,  or  an  ambassador  appointed  for 
the  purpose.  This  officer  agrees  with  the  representative 
of  the  other  nation  upon  the  terms  of  the  treaty,  and 
after  it  has  been  signed  by  them,  it  is  submitted  for  the 
ratification  of  the  respective  governments.  Accordingly, 
the  President  presents  the  treaty  to  the  Senate  for  its 
ratification.  While  discussing  a  treaty,  the  Senate  sits 
with  closed  doors.  This  is  called  "going  into  executive 
session."  If  two-thirds  of  the  Senate  present  concur  in 
the  ratification  of  the  treaty,  and  it  is  ratified  by  the 
other  nation,  the  President,  by  proclamation,  makes  the 
treaty  public,  and  it  becomes  a  part  of  the  supreme  law 
of  the  land. 

In  the  case  of  the  war  with  Spain,  the  representatives 
of  the  two  nations -first  signed  a  "protocol,"  or  prelim- 
inary agreement,  according  to  which  further  negotiations 
were  to  be  carried  on  until  a  final  treaty  should  result. 

Executive  Appointments.  The  President  nominates, 
and,  with  the  consent  of  the  Senate,  appoints  ambassa- 
dors, other  public  ministers,  consuls,  judges  of  the 
Supreme  Court,  and  all  other  officers  of  the  United 
States,  that  are  not  otherwise  provided  for.  Nominations 
made  by  the  President  are  presented  to  the  Senate  in 


154  ILLINOIS  AND  THE  NATION 

writing,  and  a/e  acted  upon  by  that  body  in  "executive 
session."  Only  a  majority  is  necessary  to  confirm 
appointments. 

A  minister  of  the  government  is  a  person  who  repre- 
sents it,  and  manages  its  interests  at  the  seat  of  govern- 
ment of  some  other  power.  A  minister  of  the  highest 
rank  is  called  an  ambassador. 

A  consul  resides  in  a  foreign  country,  and  acts  as 
agent  for  his  government,  protecting  its  rights,  com- 
merce, merchants,  seamen,  and  its  citizens  while  sojourn- 
ing in  such  foreign  country. 

The  Constitution  says  nothing  in  regard  to  removals 
from  office.  The  First  Congress  decided,  by  a  close  vote, 
that  the  President  might  remove  an  officer  without  con- 
sulting the  Senate.  In  1867,  however,  Congress  passed 
what  is  known  as  the  "Tenure  of  Office  Bill,"  which 
provided  that  the  President  might  suspend  an  officer, 
when  the  Senate  was  not  in  session,  reporting  his  action 
with  the  reasons  for  it  to  the  Senate  within  twenty  days 
after  its  assembling.  If  the  Senate  should  not  concur, 
the  suspended  officer  was  to  be  reinstated;  if  it  should 
concur  in  the  removal,  another  person  might  be  ap- 
pointed. The  bill  was  vetoed  by  President  Johnson  but 
was  passed  over  his  veto  by  Congress.  The  President 
afterward  removed  Edwin  M.  Stanton,  Secretary  of  War, 
after  the  Senate  had  refused  to  concur  in  his  removal. 
This  was  the  chief  cause  of  the  articles  of  impeachment 
which  the  House  of  Representatives  brought  against 
Johnson.  After  a  trial  lasting  nearly  three  months,  the 
Senate  found  the  President  not  guilty.  The  Tenure  of 
Office  Bill  is  not  now  in  force. 

While  the  Senate  is  in  session,  the  President  can  now 
remove  an  officer  by  nominating  and,  with  the  consent 
of  the  Senate,  appointing  his  successor.  In  such  case  the 


NATIONAL  GOVERNMENT  155 

person  appointed  does  not  receive  his  commission,  nor 
the  incumbent  vacate  his  office,  until  the  nomination  of 
the  appointee  has  been  confirmed.  If  the  Senate  is  not 
in  session,  the  President  can  .remove  an  officer  by  ap- 
pointing his  successor,  who  at  once  receives  his  commis- 
sion and  begins  the  duties  of  the  office.  If,  at  its  next 
session,  the  Senate  refuses  to  confirm  the  nomination, 
the  President  nominates  another  person,  but  the  removal 
stands  in  either  case.  When  vacancies  occur  in  the  recess 
of  Congress  the  procedure  is  the  same  as  in  the  case  of 
removals  made  in  the  recess. 

The  Civil  Service.  The  officers  of  the  national  gov- 
ernment who  are  appointed  pursuant  to  law,  together 
with  persons  employed  to  perform  routine  duties  in  the 
various  departments,  constitute  what  is  known  as  the 
civil  service.  Since  the  Civil  War  much  has  been  said 
about  "civil  service  reform."  The  "civil  service  reform- 
ers" contend  that  all  inferior  officers  and  employees  who 
perform  routine  duties  should  be  appointed  with  sole 
reference  to  their  fitness,  and  during  good  behavior. 
Since  1883  we  have  had  the  "civil  service  law,"  which 
provides  that  positions  in  the  departments,  custom 
houses,  and  the  large  postoffices  shall  be  filled,  and  pro- 
motions in  cases  of  vacancies  shall  be  made  under  the 
merit  system,  the  leading  feature  of  which  is  the  com- 
petitive examination  which  all  candidates  must  undergo. 
In  the  absence  of  the  merit  system,  appointments  have 
usually  been  made  for  reasons  which  take  but  little 
account  of  personal  fitness.  Sometimes  appointments 
have  been  made  to  punish  political  enemies,  sometimes 
to  reward  political  friends,  sometimes  to  promote  per- 
sonal ends,  and  usually  to  strengthen  the  party  in  power. 
In  defending  this  practice  on  the  part  of  the  politicians 
of  the  State  of  New  York,  William  L.  Marcy,  of  that 


156  ILLINOIS  AND  THE  NATION 

state,  said  in  the  United  States  Senate :  "They  [the 
politicians]  see  nothing  wrong  in  the  rule  that  to  the 
victors  belong  the  spoils  of  the  enemy."  Since  then  this 
practice  has  been  known  as  the  "spoils  system." 

The  President's  Message.  The  President  must,  from 
time  to  time,  give  to  Congress  information  of  the  state 
of  the  Union,  and  recommend  for  consideration  such 
measures  as  he  may  deem  necessary  and  expedient. 

It  has  become  the  custom  for  the  President  to  send  a 
message  to  Congress  at  the  beginning  of  each  regular 
session.  Accompanying  this  are  the  reports  of  the  vari- 
ous executive  departments.  Special  messages  are  sent 
by  the  President  whenever  he  deems  them  expedient,  or 
when  Congress  has  requested  information  upon  some 
subject. 

Presidents  Washington  and  Adams  delivered  their 
messages  in  person  to  both  houses  assembled  in  the 
Senate  chamber,  and  each  house  afterwards  presented  a 
formal  reply.  President  Jefferson,  however,  sent  his 
messages  to  Congress,  and  they  were  read  to  each  house 
by  its  clerk.  His  example  has  been  followed  by  all  other 
Presidents  with  the  exception  of  President  Wilson,  who 
returned  to  the  custom  of  Presidents  Washington  and 
Adams  in  reading  his  messages  to  Congress  in  person. 
No  replies  are  now  made  by  Congress. 

President's  Veto.  Every  order,  resolution,  or  vote, 
to  which  the  concurrence  of  the  Senate  and  House  of 
Representatives  is  necessary  (except  on  a  question  of 
adjournment)  must  be  presented  to  the  President,  and 
before  it  can  take  effect,  must  be  approved  by  him,  or, 
being  disapproved  by  him,  must  be  re-passed  by  two- 
thirds  of  the  Senate  and  House  of  Representatives. 
When  a  bill  is  passed  by  both  houses,  it  is  sent  to  the 
President  for  his  signature.  If  he  wishes  the  bill  to 


NATIONAL  GOVERNMENT  157 

become  a  law,  he  signs  it,  and  so  makes  it  a  law.  But 
if  he  does  not  wish  it  to  become  a  law,  he  does  not  sign 
it,  but  sends  it  back  to  the  house  in  which  it  originated. 
He  sends  with  it  his  objections,  which  are  written  in  the 
journal  of  this  house,  and  the  bill  is  again  taken  up. 
This  time,  in  order  to  pass,  it  must  receive  the  favorable 
vote  of  two-thirds  of  this  house.  If  it  receives  this  vote, 
it  is  sent,  together  with  the  objections  of  the  President, 
to  the  other  house.  A  vote  of  two-thirds  of  this  house 
makes  it  a  law  without  the  signature  of  the  President. 
In  all  such  cases,  the  vote  of  each  house  must  be  by  yeas 
and  nays,  and  be  entered  upon  the  journal. 

If  the  President  does  not  return  the  bill  within  ten 
days  (Sundays  not  counted)  after  it  is  sent  to  him,  it 
becomes  a  law  just  as  if  he  had  signed  it,  unless  Congress 
adjourns  before  the  ten  days  are  up,  and  so  prevents  its 
return. 

The  discussion  about  the  President's  veto  applies  to 
that  of  the  Governor  of  Illinois,  with  two  exceptions.  A 
vote  of  two-thirds  of  a  quorum  in  each  house  of  Congress 
will  pass  a  bill  over  the  President's  veto,  while  in  this 
state  a  vote  of  two-thirds  of  all  the  members  elected  to 
each  house  is  necessary  to  pass  a  bill  over  the  Governor's 
veto. 

After  the  adjournment  of  Congress,  all  bills  not 
signed  by  the  President  before  the  time  of  adjournment 
fail  to  become  laws,  although  the  President  may  have 
no  objection  to  them.  After  the  adjournment  of  our 
state  legislature,  the  Governor  has  ten  days  in  which  to 
file  bills,  with  his  objections,  in  the  office  of  the  Secretary 
of  State.  All  bills  that  are  not  so  filed  become  laws, 
whether  signed  by  the  Governor,  or  not. 

Other  Powers  and  Duties.  The  President  receives 
ambassadors  and  other  public  ministers,  commissions  all 


158  ILLINOIS  AND  THE  NATION 

officers  of  the  United  States,  and  takes  care  that  the 
laws  are  faithfully  executed. 

Executive  Departments.  The  executive  business  of 
the  United  States  is  arranged  under  ten  departments. 
Nearly  all  of  these  departments  are  subdivided  into 
bureaus.  The  Constitution  does  not  prescribe  the  num- 
ber, names,  nor  functions  of  these  departments. 

Heads  of  Departments.  The  heads  of  the  depart- 
ments are  appointed  by  the  President,  and  confirmed  by 
the  Senate.  The  President  may  require  their  written 
opinions  on  any  subject  relating  to  the  duties  of  their 
respective  offices. 

The  salary  of  each  is  $12,000  a  year. 

Department  of  State.  The  Department  of  State,  at 
the  head  of  which  is  the  Secretary  of  State,  has  charge 
of  our  relations  with  foreign  countries,  and  of  the  public 
archives. 

The  Secretary  of  State  countersigns  all  proclamations 
issued  by  the  President.  He  is  keeper  of  the  great  seal 
of  the  United  States,  and  affixes  the  seal  to  all  commis- 
sions given  by  the  President.  He  has  charge  of  the 
correspondence  with  foreign  ministers,  and  presents  such 
ministers  to  the  President.  He  has  various  other  impor- 
tant duties. 

The  Department  of  State  ranks  first  in  point  of  dig- 
nity, and  the  Secretary  of  State  is  the  head  of  the 
President's  cabinet.  His  office  is  usually  regarded  as 
next  in  importance  to  that  of  the  President. 

The  Department  of  State  has  three  bureaus. 

The  Diplomatic  Bureau.  This  bureau  embraces  all 
matters  pertaining  to  our  diplomatic  relations  with  for- 
eign powers.  The  diplomatic  service  is  carried  on  by 
the  Secretary  of  State  through  our  ministers,  who  are 
of  four  different  ranks,  as  follows: 


NATIONAL  GOVERNMENT  159 

Ambassadors.  Ambassadors  extraordinary  and  pleni- 
potentiary are  ministers  of  the  highest  rank.  We  send 
them  to  ten  countries — namely,  Great  Britain,  Germany, 
France,  Japan,  Russia,  Mexico,  Brazil,  Austria-Hungary, 
Italy,  and  Turkey.  Ambassadors  receive  $17,500  a  year. 

Envoys  Extraordinary  and  Ministers  Plenipotentiary. 
We  send  envoys  extraordinary  and  ministers  plenipo- 
tentiary to  about  thirty  governments.  The  envoys  to 
Argentine  Republic,  China,  Spain,  Cuba,  Belgium,  Chile, 
Luxemburg,  and  Netherlands  receive  $12,000  a  year. 

Those  to  the  following  countries  receive  $10,000  a 
year,  namely,  Bolivia,  Bulgaria,  Colombia,  Costa  Rica, 
Denmark,  Dominican  Republic,  Ecuador,  Greece,  Gua- 
temala, Haiti,  Honduras,  Montenegro,  Morocco,  Nicara- 
gua, Norway,  Panama,  Paraguay,  Persia,  Peru,  Portugal, 
Roumania,  Servia,  Siam,  Sweden,  Switzerland,  Uruguay, 
and  Venezuela. 

Ministers  Resident.  Nearly  all  ministers  resident 
have  been  raised  to  the  rank  of  envoys  extraordinary  and 
ministers  plenipotentiary.  Those  not  so  raised  in  rank 
have  usually  been  given  the  additional  title  and  duties 
of  consul  general  and  receive  from  $4,000  to  $7,500  a  year. 
These  officers  are  sent  to  some  of  the  smaller  countries. 

Secretaries  of  Embassy  and  Legation.  These  officers 
are  clerks  to  the  foreign  embassies  and  legations.  A 
secretary  of  embassy  is  sent  to  every  government  to 
which  an  ambassador  is  accredited.  A  secretary  of  lega- 
tion is  usually  sent  to  every  government  to  which  we 
send  an  envoy. 

The  Consular  Bureau.  This  bureau  has  charge  of  all 
matters  pertaining  to  our  consular  service. 

Consuls.  Consuls  are  not  diplomatic,  but  rather  com- 
mercial agents  of  our  government.  Their  principal  duty 
is  to  watch  over  the  interests  of  our  commerce  in  the 


160  ILLINOIS  AND  THE  NATION 

foreign  ports  to  which  they  are  sent,  and  to  protect  the 
rights  of  seamen.  They  also  take  possession  of  the 
personal  property  of  American  citizens  who  die  abroad. 

Consuls  collect  fees,  but  in  most  cases  these  are  ac- 
counted for  to  the  government,  and  the  consuls  receive 
salaries  ranging  from  $1,000  to  $6,000  a  year.  Those 
who  receive  salaries  cannot  transact  any  business  for 
themselves. 

The  Domestic  Bureau.  This  bureau  has  charge  of  all 
matters  of  state  which  are  purely  of  domestic  concern. 

Treasury  Department.  Since  the  issuing  of  the 
paper  money,  called  greenbacks,  and  the  establishment 
of  the  national  banking  system,  the  importance  of  the 
Treasury  Department  has  been  largely  increased.  It  is 
now  the  most  complex  and  extensive  of  all  the  executive 
departments,  and  is  under  the  charge  of  the  Secretary  of 
the  Treasury.  Immediately  under  the  Secretary  of  the 
Treasury  are  the  following  officers :  The  Comptroller, 
the  Auditor,  the  Treasurer,  the  Register,  and  the  Assist- 
ant Secretary. 

This  department  manages  and  superintends  the  col- 
lection of  the  public  revenue,  issues  warrants  for  money 
to  be  drawn  from  the  treasury  in  pursuance  of  appro- 
priations made  by  law,  and  has  general  charge  of  the 
management  of  the  finances  of  the  nation. 

There  are  two  bureaus  in  the  office  of  Comptroller, 
and  six  bureaus  in  the  office  of  the  Auditor.  In  addition 
to  the  officers  named  above,  there  is  a  Commissioner  of 
Customs,  a  Commissioner  of  Internal  Revenue,  a  Di- 
rector of  Statistics,  a  Director  of  the  Mint,  and  a  Director 
of  the  Bureau  of  Engraving  and  Printing. 

There  are  two  Comptrollers  of  the  Treasury.  They 
examine  the  accounts  that  have  been  passed  upon  by  the 
Auditors  and  certify  them  to  the  Register. 


NATIONAL  GOVERNMENT  161 

The  Register  is  the  book-keeper  of  the  national  gov- 
ernment. His  books  show  all  receipts  and  expenditures. 

The  Treasurer  receives  and  keeps  all  moneys  of  the 
United  States,  and  pays  them  out  upon  proper  warrants. 

The  Commissioner  of  Customs  supervises  the  collec- 
tion of  duties  at  the  custom  houses. 

The  Comptroller  of  the  Currency  has  supervision  of 
the  circulation  of  national  banks. 

The  Commissioner  of  Internal  Revenue  has  charge  of 
the  collection  of  taxes  upon  tobacco,  malt,  and  spirituous 
liquors,  and  sees  that  all  stamp  taxes  or  duties  upon 
written  instruments,  patent  medicines,  etc.,  are  duly  paid 
and  the  stamps  canceled  pursuant  to  law.  The  duties 
of  the  Directors  of  the  Mint,  Bureau  of  Statistics,  and 
of  the  Bureau  of  Engraving  and  Printing  may  be  in- 
ferred from  their  titles. 

Department  of  War.  The  Secretary  of  War  is  at  the 
head  of  this  department.  Under  the  President,  he  has 
charge  of  the  affairs  of  the  army.  He  has  the  custody 
of  all  records  of  the  army,  superintends  the  purchase  of 
military  supplies,  directs  matters  of  army  transportation, 
oversees  the  work  of  the  signal  service  and  the  improve- 
ment of  rivers  and  harbors,  and  attends  to  the  supply  of 
arms  and  munitions  of  war. 

The  military  academy  at  West  Point  is  under  the 
supervision  of  the  War  Department.  To  this  academy 
are  appointed  cadets,  there  being  one  from  each  con- 
gressional district,  one  from  each  territory,  one  from  the 
the  District  of  Columbia,  and  ten  from  the  United  States 
at  large.  By  law  these  appointments  are  all  made  by 
the  President,  but,  practically,  those  from  the  congres- 
sional districts  are  recommended  by  the  respective  Rep- 
resentatives in  Congress  to  the  Secretary  of  War,  who 
nominates  them  to  the  President.  The  selection  is  some- 


162  ILLINOIS  AND  THE  NATION 

times  made  by  competitive  examination.  Cadets  must 
be  between  the  ages  of  seventeen  and  twenty-two,  and 
must  pledge  themselves  to  serve  eight  years  unless 
sooner  discharged.  The  entire  expense  of  the  academy 
is  paid  by  the  national  government. 

Department  of  Justice.  The  Department  of  Justice, 
at  the  head  of  which  is  the  Attorney-General,  has  gen- 
eral charge  of  the  legal  affairs  of  the  nation.  The 
Attorney-General  prosecutes  all  suits  in  the  Supreme 
Court  in  which  the  United  States  is  interested,  and  gives 
his  advice  and  written  opinions  upon  questions  of  law 
to  the  President  and  the  heads  of  departments,  when 
such  questions  pertain  to  the  duties  of  their  offices. 
These  opinions  are  afterward  printed  for  reference. 

Post  Office  Department.  The  Post  Office  Department, 
at  the  head  of  which  is  the  Postmaster-General,  has  gen- 
eral charge  of  the  carrying  of  the  United  States  mails. 

In  the  early  days  of  the  republic  the  rate  of  postage 
was  not  uniform  throughout  the  United  States  as  at 
present.  At  one  time  the  rate  upon  ordinary  letters  was 
five  cents  to  any  office  within  thirty  miles,  ten  cents  for  a 
greater  distance,  and  from  that  up  to  twenty-five  cents, 
for  which  sum  a  letter  could  be  sent  across  the  continent. 
Postage  was  not  then  paid  in  advance,  but  by  the  person 
who  received  the  letter.  Later  a  law  was  passed  which 
provided  for  a  postage  rate  of  three  cents  upon  letters  for 
transmission  to  any  point  in  the  country,  provided  the 
postage  was  prepaid ;  if  not  prepaid  the  rate  was  five 
cents.  In  this  way  the  people  became  accustomed  to  the 
prepayment  of  postage,  and  finally  this  was  required 
by  law. 

The  Postmaster-General  controls  more  patronage  than 
any  other  executive  officer. 

Department  of  the  Navy.     The  Department  of  the 


NATIONAL  GOVERNMENT  163 

Navy,  at  the  head  of  which  is  the  Secretary  of  the  Navy, 
has  charge  of  the  navy  and  the  naval  academy  at  An- 
napolis. Cadets  for  the  naval  academy  are  of  the  same 
number  and  are  appointed  in  the  same  manner  as  those 
for  the  military  academy.  The  cadets  must  not  be  less 
than  fourteen,  nor  more  than  eighteen  years  of  age. 

Department  of  the  Interior.  The  Department  of  the 
Interior  has  charge  of  the  granting  of  patents  and  pen- 
sions, of  the  public  lands,  of  Indian  affairs,  of  the  taking 
of  the  census,  and  of  educational  affairs.  The  Secretary 
of  the  Interior  is  at  the  head  of  this  department.  It  is  a 
department  largely  made  up  of  offices  which  formerly 
belonged  to  other  departments. 

The  patent  office  is  under  the  charge  of  the  Com- 
missioner of  Patents. 

The  Commissioner  of  Pensions  has  charge  of  the 
pension  office. 

The  land  office  is  under  the  charge  of  an  officer 
styled  the  Commissioner  of  the  General  Land  Office. 

Under  the  Secretary  of  the  Interior  there  are  also  the 
Commissioner  of  Indian  Affairs,  the  Superintendent  of 
the  Census,  and  the  Bureau  of  Education. 

Department  of  Agriculture.  The  Department  of 
Agriculture  collects  and  preserves  information  concern- 
ing agriculture.  It  also  collects  seeds  and  plants,  tests 
them,  and  distributes  them  and  information  concerning 
agriculture  among  farmers  and  other  interested  persons. 

These  duties  were  formerly  performed  by  the  Bureau 
of  Agriculture  of  the  Department  of  the  Interior.  The 
bureau  was  changed  to  an  independent  department  in 
1889.  The  head  of  this  department  is  the  Secretary  of 
Agriculture. 

Department  of  Commerce.  This  department  was  cre- 
ated in  1903  as  a  part  of  a  Department  of  Commerce  and 


164  ILLINOIS  AND  THE  NATION 

Labor.  In  1913  the  Department  of  Commerce  became  a 
separate  department  and  its  head  is  the  Secretary  of 
Commerce. 

The  function  of  this  department  is  not  clearly  denned 
by  law.  It  is  worthy  of  note  that  the  Interstate  Com- 
merce Commission,  which  is  more  closely  related  to 
domestic  commerce  than  any  other  part  of  the  national 
government,  remains  independent  of  the  new  Depart- 
ment of  Commerce,  while  the  consular  service,  which  is 
more  closely  related  to  foreign  commerce  than  any  other 
bureau  of  the  government,  remains  in  the  Department 
of  State.  The  Department  of  Commerce  has  several 
bureaus,  among  which  are  those  of  corporations  and  of 
manufactures. 

Department  of  Labor.  In  1913  Congress  created  a 
separate  Department  of  Labor.  It  is  under  the  charge 
of  a  Secretary  of  Labor,  and  its  purpose  is  to  foster, 
promote,  and  develop  the  welfare  of  wage  earners  of 
the  United  States,  to  improve  their  working  conditions, 
and  to  advance  their  opportunities  for  profitable  employ- 
ment. The  principal  bureaus  of  this  department  are 
those  of  immigration,  naturalization,  and  labor  statistics. 

President's  Cabinet.  The  heads  of  the  several  depart- 
ments form  what  is  known  as  the  President's  cabinet. 
They  advise  him,  when  asked  to  do  so,  upon  the  various 
matters  pertaining  to  the  departments.  Cabinet  meet- 
ings are  held  at  the  request  of  the  President,  at  which 
the  more  important  matters  of  the  government  are  dis- 
cussed. The  President  is  free  to  carry  out  the  recom- 
mendations of  the  cabinet,  or  not,  as  he  sees  fit. 

The  cabinet,  as  such,  has  no  legal  existence,  and  per- 
forms no  legal  duties.  It  is  not  mentioned  in  the  Consti- 
tution. Washington  called  the  heads  of  departments 
together  for  consultation,  and  the  practice  has  been  kept 


NATIONAL  GOVERNMENT  165 

up  by  his  successors.  No  record  is  kept  of  the  proceed- 
ings of  the  cabinet,  they  being  merely  of  an  advisory 
nature. 

President's  Salary.  The  President  receives  for  his 
services  a  compensation  which  can  neither  be  increased 
nor  diminished  during  the  term  for  which  he  is  elected, 
and  he  cannot  receive  within  that  period  any  other 
emolument  from  the  United  States,  or  from  any  state. 

The  President  receives  $75,000  a  year  as  salary, 
$25,000  for  traveling  expenses,  and  $50,000  for  mainte- 
nance of  the  White  House. 

The  Vice-President  receives  $12,000  a  year. 

JUDICIAL  DEPARTMENT 

Judicial  Power.  The  judicial  power  of  the  United 
States  is  vested  in  one  Supreme  Court,  ordained  by  the 
Constitution,  and  in  such  inferior  courts  as  Congress  may 
from  time  to  time  establish. 

The  judicial  power  extends  to : 

(1)  All  cases  in  law  and  equity  arising  under  the 
Constitution,  the  laws  of  the  United  States,  and  treaties 
made  under  their  authority. 

(2)  All  cases  affecting  ambassadors  and  other  public 
ministers  and  consuls. 

(3)  All  cases  of  admiralty  and  maritime  jurisdiction. 

(4)  Controversies  to  which  the  United  States  is  a 
party. 

(5)  Controversies  between  two  or  more  states. 

(6)  Controversies  between  a  state  and  the  citizens 
of  another  state. 

(7)  Controversies  between  citizens  of  different  states. 

(8)  Controversies  between  citizens  of  the  same  state 
claiming  lands  under  grants  of  different  states. 


166  ILLINOIS  AND  THE  NATION 

(9)  Controversies  between  a  state,  or  the  citizens 
thereof,  and  foreign  states,  citizens  or  subjects. 

At  the  time  of  the  adoption  of  the  Constitution  the 
states  were  unwilling  to  be  sued  by  citizens  of  other 
states,  domestic  or  foreign.  This  was  contrary  to  the 
prevailing  notions  of  the  rights  and  dignity  of  a  state 
in  case  of  a  controversy  between  it  and  a  private  person. 
It  was  at  first  claimed  that  the  sixth  and  ninth  clauses 
given  above  did  not  apply  to  suits  brought  against  states, 
but  to  those  brought  by  the  states  themselves.  That  is 
to  say,  that  a  state  could  go  to  law  voluntarily  as  a 
plaintiff,  but  could  not  be  forced  into  court  as  a  defend- 
ant without  its  consent.  This  view,  however,  was  de- 
cided by  the  Supreme  Court  of  the  United  States  to  be 
erroneous,  and  it  was  held  that  a  citizen  could  sue  a 
state  in  the  national  courts.  Thereupon  Congress  pro- 
posed, and  a  sufficient  number  of  states  ratified,  an 
amendment  to  the  Constitution — the  eleventh — which 
provides  that  the  judicial  power  must  not  be  construed 
to  extend  to  any  suit  in  law  or  equity  commenced  or 
prosecuted  against  one  of  the  United  States  by  citizens 
of  another  state,  or  by  citizens  or  subjects  of  any 
foreign  states. 

Personal  Rights.  No  person  can  be  twice  put  in 
jeopardy  of  life  or  limb,  or  be  compelled  to  be  a  witness 
against  himself,  or  be  deprived  of  life,  liberty,  or  prop- 
erty, without  due  process  of  law.  In  all  criminal  trials, 
the  person  accused  has  the  right  to  a  speedy  and  public 
trial  by  an  impartial  jury  of  the  state  and  district  in 
which  the  crime  has  been  committed.  He  must  be 
informed  of  the  nature  and  cause  of  the  charge  against 
him,  and  be  allowed  to  meet  the  witnesses  against  him 
face  to  face.  He  must  also  have  process  to  compel  wit- 
nesses to  appear  in  his  favor,  and  the  asssitance  of  coun- 


NATIONAL  GOVERNMENT  167 

sel  for  his  defense.  The  Constitution  further  provides 
that  excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishments 
inflicted. 

All  of  these  provisions  were  inserted  in  the  Constitu- 
tion, or  its  amendments,  in  order  to  guard  against  abuses 
which  had  existed  under  the  government  of  England. 
Formerly,  in  that  country,  men  were  imprisoned  and  put 
upon  trial  for  crimes  of  which  they  had  been  previously 
acquitted.  Prisoners  were  tortured  into  testifying  of 
their  own  guilt  when  put  upon  trial  for  criminal  offenses. 
Men  were  condemned  to  death  or  imprisonment  without 
lawful  trials,  and  their  property  was  confiscated  in  arbi- 
trary and  unlawful  ways.  There  was  a  "due  process  of 
law"  for  all  these  things,  but  it  was  ignored  and  evaded. 
In  this  country  the  laws  are  generally  observed  by  the 
people,  although  every  person  who  is  "lynched"  is  de- 
prived of  life  without  due  process  of  law.  The  former 
abuses  in  England,  however,  were  participated  in  by  the 
officers  of  the  law,  and  not  merely  by  mobs  acting  in 
defiance  of  the  law  and  its  officers.  In  England  in 
former  times  persons  accused  of  crime  were  kept  impris- 
oned in  places  remote  from  the  place  of  the  alleged 
crime,  and  for  long  spaces  of  time  without  the  privilege 
of  communication  with  relatives,  friends,  or  counsel. 
Even  when  brought  into  court  they  were  often  kept  in 
chains,  and  were  not  allowed  to  testify,  to  be  represented 
by  counsel,  or  to  cross-examine  the  witnesses  produced 
against  them.  They  could  not  compel  the  attendance  of 
witnesses  in  their  favor,  or  even  call  them  to  the  stand 
if  they  were  present,  prior  to  1688. 

Trial  by  Jury.  The  trial  of  all  crimes,  except  in  cases 
of  impeachment,  must  be  by  jury.  The  trial  must  be  held 
in  the  state  where  the  crimes  have  been  committed,  or, 


168  ILLINOIS  AND  THE  NATION 

when  not  committed  within  any  state,  the  trial  must  be 
at  such  place  as  Congress  has,  by  law,  directed. 

In  suits  of  common  law,  in  cases  where  the  amount 
in  dispute  is  more  than  twenty  dollars,  the  right  of  trial 
by  jury  must  be  preserved. 

In  England  a  man  now  has  a  right  to  be  tried  by  a 
jury  of  his  peers — that  is,  by  persons  of  equal  rank.  In 
this  country,  there  being  no  nobility,  the  right  of  a  man 
to  "the  judgment  of  his  peers"  means  a  trial  by  an  impar- 
tial jury.  The  verdict  of  the  jury  must  be  unanimous 
in  order  to  convict." 

Treason.  Treason  against  the  United  States  consists 
only  in  levying  war  against  them,  or  in  adhering  to  their 
enemies — giving  them  aid  and  comfort.  No  person  can 
be  convicted  of  treason  except  on  the  testimony  of  two 
witnesses  to  the  same  overt  act,  or  on  confession  in  open 
court.  A  private  confession  has  no  effect. 

Congress  has  power  to  declare  the  punishment  of 
treason,  but  no  attainder  of  treason  can  work  corruption 
of  blood,  or  forfeiture,  except  during  the  life  of  the 
person  attainted. 

In  England,  for  punishment  of  treason,  besides  the 
cruel  death  which  was  inflicted,  there  was  an  attainder 
or  stain,  which  had  the  effect  not  only  of  forfeiting  the 
property  of  the  person  convicted  to  the  state,  but  of  pre- 
venting his  children  from  inheriting  property  through 
him.  Such  an  attainder  is  prohibited  in  this  country. 

Aaron  Burr,  tried  for  treason  in  1807,  was  acquitted. 

Indictment  by  Grand  Jury.  Before  a  person  can  be 
brought  to  trial  for  offenses  against  the  United  States 
he  must  be  indicted  by  a  grand  jury,  except  in  cases 
which  arise  in  the  army  and  navy,  or  in  the  militia  when 
in  actual  service  in  time  of  war  or  public  danger. 

Instead  of  the  indictment,  the  grand  jury  may  make 


NATIONAL  GOVERNMENT  169 

a  presentment,  which  is  a  charge  made  by  them  from 
their  own  knowledge,  or  from  evidence  before  them, 
without  the  formal  accusation  drawn  up  by  the  prose- 
cuting attorney. 

Judges.  All  federal  judges  are  appointed  by  the 
President,  with  the  consent  of  the  Senate,  and  hold 
office  during  good  behavior.  They  can  be  removed  from 
office  only  by  impeachment. 

Any  judge  of  any  court  of  the  United  States  who  has 
held  the  office  for  ten  years,  and  has  attained  to  the  age 
of  seventy  years,  may  resign  his  office,  and  yet  receive 
the  same  salary  during  life  that  was  paid  to  him  at  the 
time  of  his  resignation. 

The  compensation  of  federal  judges  cannot  be  dimin- 
ished during  their  continuance  in  office. 

The  fact  that  they  hold  office  during  good  behavior 
makes  the  judges  independent  of  the  President  and  the 
Senate  who  appoint  them,  and  the  fact  that  Congress 
cannot  punish  the  judges  indirectly,  by  reducing  their 
salaries,  in  case  they  should  declare  a  law  unconstitu- 
tional, or  otherwise  render  a  decision  which  might  dis- 
please the  members  of  that  body,  has  a  similar  effect 
on  the  relations  of  the  judges  and  Congress. 

In  case  a  judge  should  become  incapacitated  from 
either  mental  or  physical  infirmities,  he  could  be  removed 
only  by  impeachment.  But  with  the  foregoing  provision 
for  their  retirement  by  resignation  upon  full  salary  after 
they  shall  have  served  ten  years  and  shall  have  attained 
the  age  of  seventy  years,  no  difficulty  arising  from 
infirmity  is  very  likely  to  occur. 

{ 

SUPREME   COURT 

Jurisdiction.    The  United  States  Supreme  Court  has 


170  ILLINOIS  AND  THE  NATION 

original  jurisdiction  in  all  cases  affecting  ambassadors, 
other  public  ministers,  and  consuls,  and  those  in  which  a 
state  shall  be  a  party.  In  all  other  cases  mentioned 
under  the  head  of  Judicial  Power  (except  where  excep- 
tions have  been  made  by  Congress),  it  has  appellate 
jurisdiction. 

A  case  arising  in  state  courts  under  state  laws  can  be 
carried  to  the  Supreme  Court  of  the  United  States  when 
it  involves  the  question  as  to  whether  or  not  a  state  law 
involved  in  the  case  is  contrary  to  the  Constitution  of 
the  United  States.  Many  more  state  laws  have  been 
declared  by  the  Supreme  Court  to  be  unconstitutional 
than  laws  enacted  by  Congress. 

Judges.  There  are  nine  judges  of  the  United  States 
Supreme  Court — a  Chief  Justice  and  eight  Associate 
Justices. 

Salaries.  The  judges  of  the  United  States  Supreme 
Court  receive  $14,500 — except  the  Chief  Justice,  who 
receives  $15,000  a  year. 

CIRCUIT  COURTS  OF  APPEAL 

Jurisdiction.  These  courts,  which  were  created  by  an 
act  of  Congress  in  1891,  have  appellate  jurisdiction  only. 
They  can  review,  on  appeal  or  writ  of  error,  the  final 
judgments  or  decrees  of  the  United  States  District 
Courts  in  all  cases  other  than  those  which  are  directly 
reviewable  by  the  Supreme  Court,  and  their  decisions 
are  final  in  many  instances.  They  were  created  to 
relieve  the  crowded  condition  of  the  docket  of  the 
Supreme  Court,  which  was  said  to  be  about  three  years 
in  arrears  at  that  time. 

Judges.  There  is  a  circuit  court  of  appeals  in  each  of 
the  nine  circuits  into  which  the  United  States  is  divided, 


NATIONAL  GOVERNMENT  171 

each  court  consisting  of  three  judges,  two  of  whom  con- 
stitute a  quorum.  No  judges,  however,  are  appointed  for 
these  courts,  but  the  justices  of  the  Supreme  Court,  the 
circuit  judges,  and  the  several  district  judges  are  compe- 
tent to  sit  as  judges  oi  the  circuit  courts  of  appeals 
within  their  respective  circuits.  The  district  judges 
do  not  sit,  however,  except  in  the  absence  of  one  of 
the  other  judges.  The  sessions  of  this  court  for  the 
Seventh  Circuit,  in  which  Illinois  is  located,  are  held 
at  Chicago. 

Judicial  Circuits.  The  United  States  is  divided  into 
nine  judicial  districts.  From  two  to  four  circuit  judges 
are  appointed  in  each  circuit.  Since  January  1,  1912, 
they  do  not  hold  circuit  courts  as  formerly,  but  sit  as 
judges  in  the  federal  circuit  court  of  appeals  and  in  the 
new  commerce  court.  The  nine  judges  of  the  United 
States  Supreme  Court  apportion  the  nine  circuits  among 
themselves.  They  may  also  sit  as  judges  in  the  court 
of  appeals. 

Each  circuit  judge  receives  $7,000  a  year. 

DISTRICT  COURTS 

Jurisdiction.  The  jurisdiction  of  district  courts  ex- 
tends to  the  trial  of  all  crimes  committed  within  the 
district  against  the  United  States.  In  civil  cases  the 
jurisdiction  of  the  district  courts  is  general. 

Judges.  The  United  States  is  divided  into  about 
seventy  districts  for  the  purpose  of  holding  district 
courts.  The  number  of  district  judges  does  not  corre- 
spond to  the  number  of  districts,  as,  in  some  cases,  one 
judge  is  appointed  for  two  or  more  districts.  But  there 
is  at  least  one  district  judge  in  every  state. 

Salaries.      District  judges  receive  $6,000  a  year. 


172  ILLINOIS  AND  THE  NATION 


COURT  OF  CLAIMS 

Jurisdiction.  For  a  sovereign  state  or  nation  to  be 
sued  would  be  a  contradiction  of  the  idea  of  enlightened 
sovereignty.  For  if  it  could  be  sued  in  the  courts  of 
another  state  or  nation,  it  would  not  be  sovereign,  and  if 
in  its  own  courts,  that  would  imply  that  it  was  unwilling 
to  do  justice  without  coercion.  The  suitor  would  be 
asking  a  sovereign  power  to  coerce  itself. 

Formerly  claims  against  the  United  States  were  pre- 
sented to  the  respective  executive  departments,  and  if 
they  could  not  be  adjusted  there,  application  for  relief 
could  only  be  made  to  Congress,  which  had  no  adequate 
means  of  determining  the  matter.  The  delays  incident 
to  this  procedure  often  amounted  to  a  complete  denial  of 
justice.  For  this  reason  a  court  of  claims  was  created 
by  Congress  and  is  now  given  power  to  adjudicate  all 
classes  of  claims  against  the  United  States,  except  pen- 
sions. Congress  appropriates  money  to  pay  the  claims 
allowed. 

Judges.  There  are  five  judges  in  the  court  of  claims. 
Each  receives  $6,000  a  year. 

MISCELLANEOUS 
RIGHTS  OF  THE  STATES 

Representation.  Each  state  is  entitled  to  at  least  one 
Representative  in  the  House  of  Representatives,  and  no 
amendment  to  the  Constitution  can  be  made  which  will 
deprive  any  state,  without  its  consent,  of  its  equal  suf- 
frage in  the  Senate. 

Citizenship.  The  citizens  in  each  state  are  entitled  to 
all  the  privileges  and  immunities  of  citizens  in  the  sev- 


NATIONAL  GOVERNMENT  173 

eral  states.  A  state  is  not  bound  to  confer  upon  a  person 
coming  into  it  all  the  rights  and  privileges  which  he 
might  enjoy  in  some  other  state,  but  only  such  as  it 
gives  to  its  own  citizens.  Thus  a  man  who  cannot  read 
loses  the  right' to  vote  by  moving  from  Illinois  to  such  a 
state  as  Massachusetts  or  Connecticut,  where  inability 
to  read  is  a  bar  to  voting. 

Protection.  The  United  States  guarantees  to  every 
state  a  republican  form  of  government,  and  protects  it 
from  invasion  and  domestic  violence  on  the  application 
of  the  legislature  of  the  state,  or  the  Governor  when  the 
legislature  cannot  be  convened. 

Requisitions.  If  a  person  charged  in  any  state  with 
treason,  felony,  or  other  infamous  crime,  flees  from  justice 
and  is  found  in  another  state,  he  must,  on  the  demand  of 
the  Governor  of  the  state  from  which  he  fled,  be  delivered 
up,  to  be  removed  to  the  state  which  has  jurisdiction  of 
the  crime.  The  writ  issued  by  the  Governor  of  a  state 
demanding  or  requesting  of  the  Governor  of  another 
state  the  surrender  of  a  person  accused  of  a  crime  com- 
mitted in  the  former  state  is  called  a  "requisition,"  and 
the  person  wanted  is  called  a  "fugitive  from  justice." 
The  whole  procedure  of  removing  a  person  from  one 
state  to  another  for  trial  by  requisition  is  called 
"extradition." 

The  United  States  has  treaties  with  almost  all  other 
nations  and  countries  whereby  persons  accused  of  crime 
are  delivered  up  for  trial  by  means  of  extradition. 

Rights  Reserved.  The  powers  not  delegated  to  the 
United  States  by  the  Constitution,  nor  prohibited  by  it 
to  the  states,  are  reserved  to  the  states  or  to  the  people, 
and  the  enumeration  of  certain  rights  must  not  be  con- 
strued to  deny  or  disparage  others  retained  by  the 
people. 


174  ILLINOIS  AND  THE  NATION 


LIMITATIONS    ON    THE    STATES 

Alliances  Prohibited.  No  state  can  enter  into  any 
treaty,  alliance,  or  confederation,  or  enter  into  any  agree- 
ment or  compact  with  another  state,  or  with  a  foreign 
power,  without  the  consent  of  Congress.  The  national 
government  could  not  exist  if  the  several  states  could 
enter  into  treaties  or  alliances  with  foreign  states — in 
fact,  the  United  States  would  not  then  be  recognized  as 
a  nation  having  sovereign  power. 

Money.  No  state  can  coin  money,  emit  bills  of  credit, 
make  anything  but  gold  and  silver  coin  a  legal  tender  in 
payment  of  debt,  or  pass  any  law  impairing  the  obliga- 
tions of  contracts. 

For  a  state  to  emit  bills  of  credit  would  be  for  it  to 
issue  paper  pledging  its  faith  for  the  payment,  and  de- 
signing such  paper  to  circulate  as  money. 

Any  kind  of  money  is  legal  tender  when  a  debtor  can 
compel  his  creditor  to  accept  such  money  in  satisfaction 
of  a  debt.  Congress  has  made  paper  money  a  legal 
tender,  but  the  states  cannot  do  this.  If  they  could,  it 
would  result  in  so  many  different  kinds  of  money  as  to 
cause  endless  confusion. 

War.  No  state  can  grant  letters  of  marque  and  re- 
prisal. Neither  can  it,  without  the  consent  of  Congress, 
keep  troops  or  ships  of  war  in  time  of  peace,  nor  engage 
in  war  unless  actually  invaded,  or  in  such  imminent 
danger  as  will  not  admit  of  delay.  This  does  not  prevent 
the  states  from  maintaining  militia.  The  second  amend- 
ment to  the  Constitution  states  that  "A  well-regulated 
militia  being  necessary  to  the  security  of  a  free  state,  the 
right  of  the  people  to  keep  and  bear  arms  shall  not  be 
infringed." 


NATIONAL  GOVERNMENT  175 

Duties.  No  state  can,  without  the  consent  of  Con- 
gress, lay  any  duty  of  tonnage,  or  any  duties  on  exports 
or  imports,  except  what  may  be  absolutely  necessary  for 
executing  the  inspection  laws.  The  net  proceeds  of  all 
such  duties  are  held  for  the  use  of  the  Treasurer  of  the 
United  States. 

If  the  states  on  the  seacoast  could  levy  duties  for  the 
purposes  of  revenue,  it  would  be  a  constant  source  of 
confusion,  jealousy,  and  strife,  not  only  among  such 
states,  but  between  them  and  all  others  not  so  situated. 

Civil  and  Personal  Rights.  All  persons  born  or  natu- 
ralized in  the  United  States,  and  subject  to  their  juris- 
diction, are  citizens  of  the  United  States  and  of  the  states 
in  which  they  reside,  and  no  state  can  make  or  enforce 
any  law  which  shall  abridge  the  privileges  or  immunities 
of  citizens  of  the  United  States.  No  state  can  deprive 
any  person  of  life,  liberty,  or  property,  without  due 
process  of  law,  or  deny  to  any  person  within  its  jurisdic- 
tion the  equal  protection  of  the  laws. 

No  state  can  pass  any  bill  of  attainder  or  ex  post  facto 
law. 

Title  of  Nobility.  No  state  can  grant  any  title  of 
nobility. 

Illegal  Debts.  A  state  cannot  assume  or  pay  any 
debt  or  obligation  incurred  in  aid  of  insurrection  or 
rebellion  against  the  United  States,  or  for  the  loss  or 
emancipation  of  any  slave. 

GENERAL    PROVISIONS 

Admission  of  States.  Congress  may  admit  new  states 
into  the  Union,  but  no  new  state  can  be  formed  within 
the  jurisdiction  of  any  other  state,  or  by  the  junction 
of  two  or  more  states,  without  the  consent  of  the  legis- 
latures of  the  states  concerned,  as  well  as  of  Congress. 


176  ILLINOIS  AND  THE  NATION 

Amendments  to  the  Constitution.  Whenever  two- 
thirds  of  both  houses  may  deem  it  necessary,  Congress 
must  propose  amendments  to  the  Constitution ;  or,  on 
application  of  the  legislatures  of  two-thirds  of  the  states, 
must  call  a  convention  for  proposing  amendments. 
Amendments  proposed  in  either  of  these  ways  are  valid 
to  all  intents  and  purposes  as  part  of  the  Constitution 
when  ratified  by  the  legislatures  of  three-fourths  of  the 
states,  or  by  conventions  in  three-fourths  of  the  states, 
as  the  one  or  the  other  mode  of  ratification  may  be  pro- 
posed by  Congress.  But  no  amendment  can  be  made 
which  will  deprive  any  state,  without  its  consent,  of  its 
equal  suffrage  in  the  Senate. 

Seventeen  amendments  to  the  Constitution  have  been 
adopted.  The  first  ten  were  proposed  by  the  First  Con- 
gress, and  were  ratified  in  1791.  They  all  pertain  to  the 
rights  of  the  people,  and,  taken  together,  constitute  what 
is  called  a  "Bill  of  Rights."  The  second  article  of  the 
Constitution  of  Illinois  consists  of  a  Bill  of  Rights. 

The  eleventh  amendment,  ratified  in  1798,  limits  the 
jurisdiction  of  the  national  judiciary.  The  twelfth,  rati- 
fied in  1804,  changes  the  mode  of  electing  the  President 
and  Vice-President.  The  thirteenth  amendment,  ratified 
in  1865,  abolishes  slavery  in  the  United  States.  The 
fourteenth,  ratified  in  1868,  declares  the  emancipated 
slaves  to  be  citizens,  invests  them  with  full  civil  rights, 
prescribes  the  manner  of  apportioning  the  Representa- 
tives among  the  states,  places  a  political  disability  upon 
all  persons  who,  having  sworn  to  support  the  Constitu- 
tion, afterward  engaged  in  rebellion  against  the  United 
States,  and  provides  that  such  disability  may  be  removed 
by  a  two-thirds  vote  in  both  houses  of  Congress.  The 
fifteenth  provides  that  the  right  of  citizens  of  the  United 
States  to  vote  cannot  be  denied  or  abridged  on  account 


NATIONAL  GOVERNMENT  177 

of  race,  color,  or  previous  condition  of  servitude.  This 
was  ratified  in  1870.  The  sixteenth  amendment  provides 
that  Congress  shall  have  power  to  lay  and  collect  taxes 
on  incomes,  from  whatever  source  derived,  without  ap- 
portionment among  the  several  states,  and  without 
regard  to  any  census  or  enumeration.  The  seventeenth 
amendment  provides  for  the  election  of  United  States 
Senators  directly  by  the  people.  The  sixteenth  and  sev- 
enteenth amendments  were  both  ratified  in  1913. 

Supreme  Law.  The  Constitution  of  the  United 
States,  the  laws  made  in  pursuance  of  its  provisions,  and 
all  treaties  made  under  the  authority  of  the  United 
States,  constitute  the  supreme  law  of  the  land.  The 
judges  in  every  state  are  bound  by  these,  notwithstand- 
ing anything  which  may  be  in  the  Constitution  or  laws 
of  any  state. 

Personal  Rights.  No  soldier  can,  in  time  of  peace, 
be  quartered  in  any  house  without  the  consent  of  the 
owner,  or  in  time  of  war,  except  in  the  manner  provided 
by  law. 

The  people  have  the  right  to  be  secure  in  their  per- 
sons, houses,  papers,  and  effects  against  unreasonable 
searches  and  seizures.  Warrants  cannot  be  issued  except 
on  probable  cause,  supported  by  oath  (or  affirmation), 
and  particularly  describing  the  place  to  be  searched,  and 
the  persons  or  things  to  be  seized. 

Slavery.  Neither  slavery  nor  involuntary  servitude, 
except  as  a  punishment  for  crime  of  which  the  person  is 
duly  convicted,  can  exist  within  the  limits  of  the  United 
States,  or  in  any  place  subject  to  its  jurisdiction. 

Public  Debt.  The  validity  of  the  public  debt  of  the 
United  States,  authorized  by  law,  including  debts  in- 
curred for  payment  of  pensions  and  bounties  for  service 
in  suppressing  insurrection  and  rebellion,  cannot  be 


178  ILLINOIS  AND  THE  NATION 

questioned.  The  United  States  cannot  assume  or  pay 
any  debt  or  obligation  incurred  in  aid  of  insurrection  or 
rebellion  against  the  United  States,  or  any  claim  for  the 
loss  or  emancipation  of  any  slave. 


QUESTIONS  AND  TOPICS  FOR  STUDY 

i.  In  studying  the  national  government,  compare  and  contrast 
it  with  the  state  government  at  every  point.  2.  (a)  When 
were  the  Articles  of  Confederation  adopted  by  Congress?  (b) 
When  ratified  by  the  states?  (c)  Give  at  least  three  marked 
defects.  3.  (a)  When  and  by  whom  was  the  Constitution  of 
the  United  States  prepared  and  adopted?  (b)  When  ratified 
by  the  states? 

4.  (a)  State  the  qualifications  of  Representatives,  (b)  Of 
Senators.  5.  How  many  Representatives  has  Illinois?  6.  (a) 
In  what  congressional  district  do  you  live?  (b)  Who  is  the 
Representative  from  that  district?  (c)  When  was  he  elected? 
7.  (a)  Who  are  the  present  Senators  from  Illinois?  (b)  When 
elected  ? 

8.  Fully  describe  the  election  of  a  President  of  the  United 
States,  giving  particulars  concerning  electors  and  the  electoral 
vote.  9.  What  are  the  qualifications  of  the  President?  10. 
(a)  Who  is  now  President?  (b)  When  elected?  n.  Name 
the  present  cabinet  officers.  12.  (a)  To  what  political  party 
does  the  President  belong?  (b)  What  political  party  at  pres- 
ent controls  the  Senate?  (c)  The  House  of  Representatives? 

13.  State  the  different  ways  in  which  a  bill  having  passed 
both  houses  of  Congress,  may  become  a  law.  14.  State  several 
of  the  important  powers  of  Congress  expressed  in  the  Constitu- 
tion. 15.  Explain  what  you  understand  by  expressed  powers 
and  implied  powers.  16.  (a)  Give  an  illustration  of  congres- 
sional legislation  not  directly  authorized  by  an  expressed  provi- 
sion in  the  Constitution,  (b)  How  about  the  recent  provision 
for  a  system  of  reserve  banks? 


NATIONAL  GOVERNMENT 


179 


17.  (a)  How  can  the  Constitution  of  the  United  States  be 
amended?  (b)  What  one  exception  to  this  provision?  18. 
What  amendments  to  our  Constitution  are  often  referred  to  as 
our  "Bill  of  Rights"?  19.  State  the  subject  of  each  of  the 
amendments  from  the  eleventh  to  the  seventeenth,  inclusive. 
20.  Copy  and  complete  this  table  and  preserve  for  future  ref- 
erence : 


OFFICE 

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LENGTH 
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President 

Vice-Presiderit 

Sec.  of  State 

Sec.  of  Treasury 

Sec.  of  War 

Sec.  of  Navy 

Sec.  of  Interior 

Post  Master-Gen. 

Attorney-General 

Sec.  of  Agriculture 

Sec.  of  Commerce 

Sec.  of  Labor 

Chief  Justice 

Spkr.  of  the  House 

Senators  from  111. 

Member  of  Cong. 
From  your  district 

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PART  TWO 


FOR  ADDITIONAL  READING  OR  STUDY 
STATE  EDUCATIONAL  INSTITUTIONS 

Illinois  State  Normal  University.  The  oldest  educa- 
tional institution  of  the  state  is  the  Normal  University, 
at  Normal,  McLean  County.  It  was  established  in  1857. 
Its  purpose  is  to  prepare  teachers  for  their  work  in  the 
public  schools  of  the  state.  The  institution  is  under  the 
control  of  the  Board  of  Education  of  the  State  of  Illinois. 
This  board  consists  of  fifteen  members.  The  State  Super- 
intendent of  Public  Instruction  is  ex  officio  secretary  of 
the  board. 

Southern  Illinois  Normal  University.  This  institu- 
tion was  established  in  1869.  It  is  located  at  Carbondale, 
Jackson  County.  Its  object  is  to  qualify  teachers  for  the 
schools  of  the  state.  The  Southern  Illinois  Normal  is 
controlled  by  a  board  of  trustees — five  in  number. 

Northern  Illinois  State  Normal  School.  This  school 
was  established  in  1895,  and  is  located  at  DeKalb,  in 
DeKalb  County.  Its  object  is  to  qualify  teachers  for 
the  common  schools  of  this  state  by  imparting  instruc- 
tion in  the  art  of  teaching  in  all  branches  of  study  which 
pertain  to  a  common  school  education,  in  the  elements  of 
the  natural  and  the  physical  sciences,  in  the  funda- 
mental laws  of  the  United  States  and  of  the  State  of 
Illinois  in  regard  to  the  rights  and  duties  of  citizens. 

181 


182  ILLINOIS  AND  THE  NATION 

Eastern  Illinois  State  Normal  School.  This  school 
was  also  established  in  1895,  and  is  located  at  Charleston, 
Coles  County.  Its  object  is  the  same  as  that  of  the 
Northern  Normal  School. 

Western  Illinois  State  Normal  School.  This  school 
,was  established  in  1899.  Its  object  is  similar  to  that  of 
the  other  normal  schools.  It  is  located  at  Macomb. 

The  Northern,  Eastern,  and  Western  Normal  Schools 
are  controlled  by  boards  of  trustees — of  five  .members 
each. 

University  of  Illinois.  This  institution,  located  at 
Urbana,  Champaign  County,  was  established  in  1867, 
under  the  name  of  Illinois  Industrial  University.  The 
change  to  University  of  Illinois  was  made  in  1885,  the 
fact  that  the  word  industrial  is  applied  to  charitable  and 
penal  institutions  being  the  principal  reason  for  the 
change. 

In  1862  Congress  provided  for  the  apportionment,  to 
such  of  the  states  as  should  comply  with  certain  pro- 
visions within  five  years,  of  an  amount  of  public  land 
equal  to  thirty  thousand  acres  for  each  Senator  and 
Representative  in  Congress  to  which  .each  state  was 
entitled  by  the  census  of  1860.  One  of  the  provisions 
of  the  grant  was  that  there  should  be  established  in  each 
state  desiring  to  obtain  an  apportionment  of  land  at 
least  one  college  in  which  the  leading  object  should  be 
to  teach  such  branches  of  learning  as  are  related  to  agri- 
culture and  the  mechanic  arts.  No  part  of  the  proceeds 
of  the  sale  of  such  public  lands  can  be  used  for  the  pur- 
chase, erection,  or  repair  of  any  building,  but  must  be 
safely  invested  in  stocks,  the  interest  being  used  for  the 
support  and  maintenance  of  the  college. 

The  present  University  of  Illinois  was  established 
under  the  provisions  of  this  act  of  Congress.  For  several 


FOR  ADDITIONAL  READING  OR  STUDY  183 

years  it  was  controlled  by  a  board  of  trustees — eleven  in 
number.  Three  trustees  were  appointed  from  each  su- 
preme court  grand  division,  and  the  Governor  and  the 
President  of  the  State  Board  of  Agriculture  were  ex 
officio  members.  In  1887  a  law  was  passed  providing  for 
the  election  by  the  people  of  nine  trustees — three  being 
elected  every  two  years,  the  first  election  occurring  in 
1888.  The  State  Superintendent  was  added  to  the  ex  officio 
members  at  that  time. 

Illinois  Farmers'  Institute.  This  institute  was  cre- 
ated by  the  legislature  in  1895,  for  the  purpose  of  assist- 
ing and  encouraging  useful  education  among  the  farmers, 
and  for  developing  the  agricultural  resources  of  the  state. 
It  consists  of  three  delegates  from  each  county  of  the 
state,  elected  annually  by  the  farmers'  institutes  of  the 
respective  counties.  The  affairs  of  the  institute  are  man- 
aged by  a  board  of  directors  consisting  of  twenty-seven 
members.  A  room  at  the  capitol  building  at  Springfield 
has  been  assigned  to  the  use  of  the  institute. 

STATE   CHARITABLE   INSTITUTIONS 

Control.  All  the  state  charitable  institutions  are 
controlled  by  the  State  Board  of  Administration. 

Hospitals  for  the  Insane.  Illinois  has  ten  hospitals 
for  the  insane,  including  two  for  insane  criminals. 

Alton  State  Hospital.  This  hospital  is  located  at 
Alton,  Madison  County. 

Elgin  State  Hospital.  This  hospital  is  located  at 
Elgin,  Kane  County. 

Kankakee  State  Hospital.  This  hospital  is  located  at 
Kankakee,  Kankakee  County. 

Jacksonville  State  Hospital.  This  hospital  is  located 
at  Jacksonville,  Morgan  County. 


184  ILLINOIS  AND  THE  NATION 

Anna  State  Hospital.  This  hospital  is  located  at 
Anna,  Union  County. 

Watertown  State  Hospital.  This  hospital  is  located 
at  Watertown,  Rock  Island  County. 

Peoria  State  Hospital.  This  hospital  is  located  at 
South  Bartonville,  near  Peoria,  in  Peoria  County. 

Chicago  State  Hospital.  This  hospital  is  located  at 
Dunning,  near  Chicago,  in  Cook  County. 

Chester  State  Hospital.  This  hospital  is  for  insane 
criminals,  and  is  located  at  Chester,  Randolph  County. 

Illinois  Asylum  for  Insane  Criminals.  This  asylum 
is  located  near  Joliet,  Will  County. 

School  for  the  Deaf.  This  institution  is  located  at 
Jacksonville.  It  is  maintained  for  the  education  of  the 
deaf  and  dumb. 

School  for  the  Blind.  This  institution  is  also  at  Jack- 
sonville. 

Lincoln  State  School  and  Colony.  This  institution  is 
located  at  Lincoln,  Logan  County.  Its  purpose  is  to  fit 
feeble  minded  children,  as  far  as  possible,  for  earning 
their  own  livelihood. 

Eye  and  Ear  Infirmary.  This  infirmary  is  located  at 
Chicago.  Its  object  is  to  provide  gratuitous  board  and 
medical  treatment  for  all  indigent  residents  of  Illinois 
who  are  afflicted  with  diseases  of  the  eye  or  ear. 

It  was  incorporated  as  a  private  charitable  institution 
in  1865,  became  a  state  institution  in  1871,  was  burned 
at  the  time  of  the  great  Chicago  fire,  and  was  rebuilt  in 
1873. 

Soldiers'  Orphans'  Home.  This  home  for  the  educa- 
tion of  the  orphans  of  Union  soldiers  is  at  Normal.  It 
was  established  in  1865. 

Soldiers'  and  Sailors'  Home.  This  institution,  estab- 
lished in  1885,  is  at  Quincy,  Adams  County.  Its  purpose 


FOR  ADDITIONAL  READING  OR  STUDY  185 

is  to  provide  a  home  and  subsistence  for  such  honorably 
discharged  ex-soldiers  and  sailors,  residents  of  Illinois, 
who  from  age  or  other  cause  are  unable  to  maintain 
themselves,  and  yet,  under  the  existing  laws,  cannot  be 
admitted  to  one  of  the  national  homes. 

Soldiers'  Widows'  Home  of  Illinois.  This  home  was 
established  in  1895,  and  is  located  at  Wilmington,  Will 
County. 

Illinois  Industrial  Home  for  the  Blind.  An  act  passed 
in  1887  provided  for  the  establishment  of  an  industrial 
home  designed  to  promote  the  welfare  of  the  blind  by 
teaching  them  trades  and  affording  them  employment 
that  will  best  tend  to  make  them  self  supporting.  No 
steps  were  taken  toward  it  until  1893.  It  is  located  at 
Chicago. 

State  Training  School  for  Girls.  This  institution  was 
established  in  1893.  Its  permanent  location  is  at  Geneva, 
Kane  County.  It  is  for  the  confinement,  education,  and 
reformation  of  girls  between  the  ages  of  ten  and  sixteen 
years,  who  have  been  convicted  of  offenses  punishable  at 
law. 

The  State  Board  of  Administration  has  power  to 
place  girls  who  have  been  committed  to  the  training 
school  in  the  home  of  any  good  citizen,  or  give  them  to 
proper  persons  who  will  adopt  them,  or  to  bind  them 
as  apprentices  to  reputable  citizens  during  their  minority. 
The  Governor  or  the  board  may  discharge  any  girl  at 
any  time. 

St.  Charles  School  for  Boys.  This  school  is  located 
at  St.  Charles,  in  Kane  County.  It  was  established  as  a 
home  for  delinquent  boys.  A  delinquent  boy  is  one 
under  the  age  of  seventeen  years  who  violates  any  law 
of  the  state  or  any  city  or  village  ordinance,  or  who  is 
incorrigible,  or  runs  away  from  home,  or  commits  various 


186  ILLINOIS  AND  THE  NATION 

other  offenses  defined  by  statute.  Boys  are  committed 
to  this  school  by  courts  instead  of  being  sent  to  jail  or 
other  prisons. 

State  Colony  for  Epileptics.  The  object  of  this  insti- 
tution is  to  secure  for  resident  epileptics  of  Illinois  a 
place  of  employment,  instruction,  treatment,  and  cus- 
tody. 

Illinois  Surgical  Institute  for  Children.  This  institute 
was  created  by  the  legislature  in  1911.  Its  purpose  is  to 
receive,  treat,  and  nurse  deformed  or  injured  children 
under  the  age  of  14  years  whose  parents  or  guardians  are 
financially  unable  to  provide  surgical  treatment. 

ILLINOIS    CENTRAL   RAILROAD 

Authorized  by  Congress.  In  1850,  through  the  efforts 
of  Stephen  A.  Douglas,  a  bill  was  passed  by  Congress 
granting  to  the  State  of  Illinois  the  right  of  way  through 
the  public  lands  for  the  construction  of  the  Illinois  Cen- 
tral Railroad.  This  road  was  -to  extend  from  the  south- 
ern terminus  of  the  Illinois  and  Michigan  Canal  to  a  point 
at  or  near  the  junction  of  the  Ohio  and  Mississippi 
Rivers,  with  a  branch  to  Chicago,  and  another  by  way  of 
Galena,  Illinois,  to  Dubuque,  Iowa. 

Tcr  aid  in  the  construction  of  the  railroad,  Congress 
also  gave  to  the  state  every  alternate  section  of  land, 
designated  by  even  numbers,  for  six  sections  in  width 
on  each  side  of  the  road  and  its  branches. 

Charter  from  the  State.  In  1851  the  General  Assem- 
bly of  the  state  gave  to  a  corporation  known  as  the  Illi- 
nois Central  Railroad  Company,  a  deed  of  trust  for  all 
the  lands  received  from  Congress,  on  the  condition  that 
the  company  should  build  the  road  and  its  branches 
within  a  specified  time,  and  pay  into  the  state  treasury  on 


FOR  ADDITIONAL  READING  OR  STUDY  187 

the  first  Monday  of  December  and  June  of  each  year 
seven  per  cent  of  the  gross  earnings  of  the  company. 
The  first  payment  was  to  be  made  in  four  years  on  the 
road,  and  in  six  years  on  its  branches,  or  when  com- 
pleted, if  before  the  times  named.  The  railroad  brought 
about  an  immediate  settlement  with  the  state,  and  the 
semi-annual  income  derived  from  it  has  made  state 
taxes  comparatively  light.  The  annual  income  from  the 
Illinois  Central  Railroad  is  now  more  than  $1,000,000. 
The  new  constitution  provides  that  the  Illinois  Cen- 
tral Railroad  shall  never  be  in  any  way  released  from  its 
obligations  to  the  state,  and  that,  after  the  state  debt  is 
paid,  the  money  received  from  it  shall  be  used  only  for 
the  ordinary  expenses  of  the  state. 

ILLINOIS  AND  MICHIGAN  CANAL 

Authorized  by  Congress.  In  the  year  1822,  Congress 
granted  to  the  State  of  Illinois  for  the  purpose  of  joining 
the  Illinois  River  and  the  head  of  Lake  Michigan,  the 
right  of  way  for  the  construction  of  the  Illinois  and 
Michigan  Canal.  About  the  time  the  grant  was  made, 
a  survey  of  the  route  was  made  by  engineers  employed 
by  the  state.  It  was  estimated  that  the  canal  would  cost 
$640,000. 

In  1827  another  act  was  passed  by  Congress  granting 
to  the  State  of  Illinois  the  alternate  sections  of  the  public 
lands  for  five  miles  on  each  side  of  the  canal  and  along 
its  entire  route.  The  canal  was  to  be  begun  within  five 
years  and  completed  within  twenty  years. 

Legislative  Acts.  In  1825  a  company  was  incorpo- 
rated by  the  state  legislature  for  the  purpose  of  con- 
structing the  canal,  but  sufficient  stock  was  not  sub- 
scribed. In  1829  an  attempt  was  made  to  begin  the  work 


188  ILLINOIS  AND  THE  NATION 

under  a  new  law,  but  little  success  was  met  with.  A 
new  survey  of  the  route  was  made  and  some  of  the  land 
of  the  grant  of  1827  was  sold.  Chicago  and  Ottawa  were 
laid  out  at  this  time.  A  subsequent  attempt  to  raise  the 
necessary  funds  by  a  loan  upon  the  pledge  of  the  canal 
lands  proved  a  failure.  Finally,  in  1835,  a  loan  of  half 
a  million  dollars  upon  the  credit  of  the  state  was  effected, 
and  the  real  beginning  of  the  construction  of  the  canal 
was  made  in  the  summer  of  the  next  year.  A  little  later 
a  loan  of  $4,000,000  was  authorized  for  the  completion  of 
the  canal.  It  is  102  miles  long,  and  cost  $8,654,337. 

STATE  BOARDS 

Joint  Legislative  Reference  Bureau.  This  bureau  is 
composed  of  the  Governor,  the  chairmen  of  the  commit- 
tees on  appropriations  of  the  Senate  and  the  House.  The 
Governor  is  ex  officio  chairman  of  the  bureau. 

It  is  the  duty  of  this  bureau  to  collect  and  keep  on 
file  for  convenient  reference  all  such  information  as  may 
be  of  use  to  the  members  of  the  legislature  in  framing 
and  passing  laws  for  this  state.  The  bureau  appoints  a 
secretary  and  fixes  his  salary  at  not  to  exceed  $5,000. 

The  members  of  the  bureau  receive  no  compensation 
aside  from  their  regular  salaries  as  Governor  and  mem- 
bers of  the  General  Assembly,  but  are  allowed  actual 
expenses  not  connected  with  their  regular  official  duties. 

Canvassing  Board.  The  Secretary  of  State,  Auditor, 
Treasurer,  and  Attorney-General  constitute  what  is  called 
the  State  Canvassing  Board.  These  officers,  or  any  two 
of  them,  within  twenty  days  after  every  general  election, 
must,  in  the  presence  of  the  Governor,  canvass  the  elec- 
tion returns  made  by  the  several  county  clerks,  to  deter- 
mine who  has  the  highest  number  of  votes  for  each  office. 


FOR  ADDITIONAL  READING  OR  STUDY  189 

Commissioners  of  State  Library.  The  Governor,  Sec- 
retary of  State,  and  State  Superintendent  of  Public  In- 
struction are,  ex  officio,  Commissioners  of  the  State 
Library.  The  Secretary  of  State  is  librarian.  This 
library  is  for  the  use  of  the  state  officers. 

Trustees  of  Natural  History  Museum.  The  above 
named  officers  are  also  trustees  of  the  State  Natural 
History  Museum.  The  museum  is  located  at  Springfield. 

State  Geologist.  This  officer,  who  is  also  curator  of 
the  State  Historical  Library  and  Natural  History 
Museum,  is  appointed  by  the  board  of  trustees  of  the 
museum.  His  term  of  office  is  not  defined  by  law.  It 
is  his  duty  to  make  a  geological  survey  of  the  state  and 
to  publish  a  report  of  his  work,  annually ;  also  to  collect 
a  complete  set  of  the  specimens  of  the  geology  of  Illinois. 
He  receives  as  geologist  and  curator  the  sum  of  $3,000 
a  year. 

Lincoln  Homestead  Trustees.  The  Governor,  Secre- 
tary of  State,  Auditor,  Treasurer,  and  Superintendent  of 
Public  Instruction  constitute  a  board  of  trustees  to  hold 
in  trust  for  the  State  of  Illinois  the  Lincoln  homestead 
in  Springfield.  The  public  now  has  free  access  to  the 
homestead. 

Lincoln  Monument  Commissioners.  The  Governor, 
Superintendent  of  Public  Instruction,  and  Treasurer  con- 
stitute a  board  of  commissioners  for  the  custody,  man- 
agement, and  control  of  the  Lincoln  Monument  and 
its  grounds,  consisting  of  about  nine  acres,  near 
Springfield. 

Commissioners  of  State  Contracts.  The  Secretary  of 
State,  Auditor,  Treasurer,  and  Attorney-General  are,  ex 
officio,  Commissioners  of  State  Contracts.  They  have 
charge  of  the  letting  of  state  contracts,  such  as  those  for 
fuel,  stationery,  and  printing. 


190  ILLINOIS  AND  THE  NATION 

State  Geological  Commission.  The  Governor,  the 
President  of  the  University  of  Illinois,  and  one  other 
competent  person  appointed  by  the  Governor  constitute 
the  State  Geological  Commission.  This  commission  has 
charge  of  a  bureau  created  in  1905  and  known  as  the 
State  Geological  Survey.  The  commissioners  serve  with- 
out compensation,  except  actual  expenses,  and  appoint  a 
director  and  fix  his  salary.  This  bureau  has  for  its  chief 
object  the  study  of  the  geological  formations  of  the  state 
with  special  reference  to  its  products  and  its  mineral 
resources. 

State  Board  of  Equalization.  The  board  consists  of 
one  member,  elected  by  the  people,  from  each  congres- 
sional district,  and  the  Auditor  of  Public  Accounts.  The 
board  meets  annually  at  the  state  capital  on  the  second 
Tuesday  in  August.  It  is  the  duty  of  the  board  to  exam- 
ine and  equalize  the  tax  assessments  made  by  the  differ- 
ent counties;  also  to  assess  the  capital  stock  and  fran- 
chises of  all  corporations  whose  capital  stock  is  worth 
more  than  the  assessed  value  of  their  tangible  property. 

Each  member  receives  $1,000  a  year. 

State  Board  of  Agriculture.  The  members  of  this 
board  are  a  president,  one  vice-president  from  each  con- 
gressional district  in  the  state,  and  the  last  ex-president 
of  the  board.  The  board  is  elected  on  the  state  fair 
grounds  on  the  first  Wednesday  of  the  fair,  biennially  in 
even  numbered  years,  by  delegates  from  the  several 
counties.  The  delegates  are  appointed  by  the  agricul- 
tural societies  of  their  respective  counties,  or  by  the 
county  board,  if  there  be  no  such  society  in  the  county. 
The  board  has  charge  of  the  state  department  of  agri- 
culture, and  of  the  state  fairs  and  stock  shows. 

State  Horticultural  Society.  This  society  embraces 
the  northern,  central,  and  southern  district  horticultural 


FOR  ADDITIONAL  READING  OR  STUDY  191 

societies  of  the  state.  It  is  controlled  by  an  executive 
board  consisting  of  the  president  and  secretary  of  the 
state  society  and  the  presideht  and  one  vice-president  of 
each  district  society.  The  board  has  the  sole  care  and 
disposal  of  certain  funds  appropriated  by  the  legislature 
for  the  promotion  of  the  interests  of  gardening  and  tree 
culture  in  this  state.  The  board  holds  biennial  meetings, 
and  reports  its  transactions  to  the  Governor. 

Board  of  Prison  Industries.  The  commissioners  of 
the  penitentiaries  at  Joliet  and  Chester,  and  the  board 
of  managers  of  the  reformatory  at  Pontiac  now  consti- 
tute the  Board  of  Prison  Industries  of  Illinois. 

This  board  is  required  to  establish  and  maintain  a 
system  of  prison  industry  which  will  be  for  the  best 
interests  and  the  future  welfare  of  prisoners,  and  yet 
shall  not  cause  their  products  to  be  sold  in  competition 
with  the  products  of  outside  labor.  Prison  products,  so 
far  as  possible,  are  to  be  utilized  by  the  state  and  its 
political  subdivisions,  such  as  counties  and  cities. 

BOARDS  APPOINTED  BY  THE  GOVERNOR 

Board  of  Administration.  All  the  state  charitable 
institutions  were  placed  under  the  control  of  the  Board 
of  Administration  on  January  1,  1910. 

This  board  consists  of  five  persons  (not  more  than 
three  of  whom  shall  belong  to  the  same  political  party) 
appointed  by  the  Governor,  with  the  consent  of  the  Sen- 
ate, for  six  years.  One  member  must  be  a  person  quali- 
fied by  experience  to  advise  the  board  regarding  the 
care  of  the  insane,  the  feeble  minded,  and  the  epileptic ; 
one  member  must  be  designated  from  time  to  time  *by 
the  Governor  to  be  president  of  the  board,  and  the  other 
three  members  must  be  at  least  reputable  citizens. 


192  ILLINOIS  AND  THE  NATION 

The  Board  of  Administration  has  very  extended 
powers  and  duties,  and  succeeds,  in  a  general  way,  to 
all  the  rights,  powers,  and  duties  of  the  various  boards 
of  trustees,  managers,  and  commissioners  which  formerly 
had  charge  of  the  several  state  charitable  institutions. 

All  employees  of  the  state  charitable  institutions, 
except  the  managing  officers,  must  be  appointed  under 
and  are  subject  to  the  civil  service  law  of  the  state. 

Each  member  of  the  Board  of  Administration  receives 
a  salary  of  $6,000  a  year  and  his  actual  traveling  ex- 
penses. Each  member  must  devote  his  entire  time  to  the 
duties  of  his  position  and  shall  neither  hold  any  other 
lucrative  office  nor  follow  any  other  gainful  profession, 
occupation,  or  employment. 

Supervising  Engineer.  This  officer  is  appointed  by 
the  Board  of  Administration  and  is  subject  to  removal 
by  the  board  at  any  time.  It  is  the  duty  of  the  super- 
vising engineer  to  consult  with  and  advise  the  legis- 
lature, its  members  and  committees,  and  the  Board  of 
Administration  in  all  matters  required  in  the  construc- 
tion, repair,  equipment,  and  economical  management  of 
the  state  institutions.  The  engineer  must  reside  atj 
Springfield  and  devote  his  entire  time  to  the  duties  of 
his  office.  He  receives  $4,000  a  year. 

State  Deportation  Agent.  This  officer  is  appointed 
by  the  Board  of  Administration.  It  is  his  duty  to  ar- 
range for  the  deportation  of  alien  inmates  found  in  the 
state  hospitals  for  the  insane  and  the  other  state  charita- 
ble institutions  of  Illinois.  He  must  devote  his  entire 
time  to  the  duties  of  his  office.  His  salary  is  $3,600  a 
year. 

State  Public  Utilities  Commission.  This  commission 
consists  of  five  members,  appointed  by  the  Governor  with 
the  consent  of  the  Senate,  for  six  years.  Not  more  than 


FOR  ADDITIONAL  READING  OR  STUDY  193 

three  members  may  be  affiliated  with  the  same  political 
party.  The  Governor  from  time  to  time  designates  a 
member  of  the  commission  to  be  its  chairman. 

The  commission  has  general  supervision  of  all  public 
utilities  within  the  state.  It  has  power  to  compel  all 
railroad,  express,  sleeping  car,  telegraph,  and  telephone 
companies,  steamboat,  private  car,  and  fast  freight  lines, 
gas,  electric  light,  heat,  power,  water,  storage,  and  ware- 
house companies,  and  oil  or  gas  pipe  lines  to  serve  the 
public  with  reasonable  efficiency  and  safety  and  at  rea- 
sonable rates.  It  also  has  power  to  regulate  the  issue  of 
stocks,  bonds,  notes,  and  other  evidences  of  indebtedness 
by  public  utilities  companies. 

The  Public  Utilities  Commission  appoints  a  secretary 
who  receives  a  salary  of  $5,000  a  year.  It  also  appoints 
an  attorney-at-law  of  this  state  as  counsel  to  the  com- 
mission at  a  salary  of  $6,000  a  year. 

The  annual  salary  of  each  commissioner  is  $10,000. 

Game  and  Fish  Conservation  Commission.  This  com- 
mission consists  of  three  persons  appointed  by  the  Gov- 
ernor with  the  consent  of  the  Senate.  One  member, 
designated  by  the  Governor,  is  president  of  the  com- 
mission. 

It  is  the  duty  of  the  commission  to  conserve  the 
game,  wild  fowl,  birds,  and  fish  of  the  state,  to  secure 
the  enforcement  of  all  state  laws  for  the  preservation 
of  game,  wild  fowl,  birds,  and  fish,  and  to  prosecute  all 
violators  of  such  laws. 

The  president  of  the  commission  receives  $4,000  and 
the  two  remaining  members  $3,000  a  year.  All  receive 
actual  traveling  expenses. 

Wardens.  The  Game  and  Fish  Conservation  Com- 
mission has  power  to  appoint  certain  wardens  and  dep- 
uty wardens  as  provided  by  law. 


194  ILLINOIS  AND  THE  NATION 

Fish  Culturist.  This  commission  also  has  power  to 
employ  a  competent  fish  culturist  who  has  general 
charge  of  the  state  fish  hatcheries  for  the  propagation 
and  increase  of  native  food  fishes  and  for  the  introduc- 
tion of  new  varieties  of  food  fishes  into  the  waters  of  the 
state. 

State  Weigh-Masters.  In  all  cities  where  there  is 
state  inspection  of  grain  the  Public  Utilities  Commission 
appoints  a  State  Weigh-Master  and  such  assistants  as 
may  be  necessary. 

The  State  Weigh-Master  and  his  assistants  have  ex- 
clusive control  of  the  weighing  of  grain  and  other  prop- 
erty which  may  be  subject  to  inspection.  They  also 
inspect  the  scales  used  in  weighing  such  property. 

The  pay  of  the  State  Weigh-Master  and  his  assistants 
is  fixed  by  the  Public  Utilities  Commission. 

State  Civil  Service  Commission.  The  Governor,  with 
the  advice  and  consent  of  the  Senate,  appoints  three  per- 
sons, not  more  than  'two  of  whom  shall  be  of  the  same 
political  party,  to  constitute  this  commission.  The  com- 
missioners classify  all  the  offices  and  places  of  employ- 
ment in  the  several  charitable  institutions  of  the  state, 
and  in  all  state  service  except  (1)  officers  elected  by  the 
people;  (2)  officers  appointed  by  the  Governor  subject 
to  confirmation  by  the  Senate ;  (3)  officers  and  employees 
of  the  General  Assembly  or  either  house  thereof;  (4) 
judges  and  officers  appointed  by  judges,  clerks  of  courts, 
notaries  public;  (5)  persons  in  military  service;  (6) 
presidents  and  teachers  of  the  University  of  Illinois  and 
the  state  normal  schools,  together  with  the  private  secre- 
tary or  stenographer  in  the  office  of  the  president  of  each 
of  these  educational  institutions;  (7)  assistants,  regular 
or  special,  of  the  Attorney-General  or  attorneys  employed 
by  any  state  board  or  officer;  (8)  building  and  loan  and 


FOR  ADDITIONAL  READING  OR  STUDY  195 

bank  examiners ;  (9)  superintendents,  wardens,  and  chap- 
lains of  state  charitable,  correctional,  and  penal  institu- 
tions; and  (10)  all  clerks  and  watchmen  in  the  offices  of 
Governor,  Lieutenant-Governor,  Secretary  of  State,  State 
Treasurer,  Auditor,  and  Superintendent  of  Schools. 

Under  the  classified  service,  appointments  are  made 
upon  competitive  examinations,  «and  promotions  are 
based  upon  examinations,  merit,  and  seniority  of  service. 

The  commissioners  serve  six  years.  The  one  selected 
to  act  as  president  of  the  board  receives  $4,000  a  year. 
The  others  receive  $3,000  a  year. 

State  Mining  Board.  This  board  is  composed  of  five 
members  appointed  by  the  Governor  with  the  consent  of 
the  Senate.  Two  of  its  members  must  be  practical  coal 
miners,  one  a  practical  coal  mine  hoisting  engineer,  and 
two  must  be  coal  mine  operators.  One  of  the  operators 
of  the  board  is  selected  as  president  and  one  of  the 
miners  is  selected  as  its  secretary. 

It  is  the  duty  of  the  board  to  enforce  the  state  mining 
law,  and  to  make  formal  inquiry  into  and  pass  upon  the 
practical  and  technical  qualifications  and  personal  fitness 
of  men  seeking  employment  as  state  inspectors  of  mines, 
mine  managers,  and  hoisting  engineers. 

The  members  of  the  State  Mining  Board  serve  two 
years,  and  receive  $5  a  day  for  not  to  exceed  100  days 
in  any  one  year.  They  also  receive  actual  expenses. 

Miners'  Examining  Board.  The  Governor,  with  the 
consent  of  the  Senate,  appoints  three  persons  as  mem- 
bers of  this  board  to  serve  three  years.  No  person  shall 
be  appointed  a  member  who  has  not  had  five  years'  prac- 
tical and  continuous  experience  as  a  coal  miner.  It  is 
the  duty  of  this  board  to  examine  all  persons  who  desire 
to  engage  in  mining  in  this  state,  and  to  grant  certificates 
to  such  persons  as  the  board  may  find  to  be  competent 


196  ILLINOIS  AND  THE  NATION 

and  qualified.  Each  member  receives  a  salary  of  $1,500 
a  year. 

Mining  Investigation  Commission.  This  commission 
consists  of  nine  members :  three  coal  mine  owners,  three 
coal  miners,  and  three  qualified  men  not  interested  in 
coal  mining — all  appointed  by  the  Governor.  The  com- 
mission has  power  to  investigate  methods  and  conditions 
of  coal  mining  in  Illinois  with  special  reference  to  safety 
of  human  lives  and  property  and  the  conservation  of  the 
coal  deposits. 

The  three  disinterested  members  receive  pay  for  each 
day  of  actual  service ;  the  other  members  receive  no  com- 
pensation. All  receive  their  actual  expenses. 

Mine  Rescue  Station  Commission.  This  commission 
is  appointed  by  the  Governor  for  one  year.  It  consists 
of  seven  members,  all  of  whom  are  connected  in  some 
representative  way  with  the  coal  mining  industry  in 
Illinois.  Under  the  charge  of  this  commission  the  state 
maintains  at  public  expense  three  rescue  stations  to  serve 
the  northern,  central,  and  southern  coal  fields  of  Illinois. 
The  stations  are  located  at  La  Salle,  Springfield,  and 
Benton,  and  provide  means  for  fighting  fires  and  saving 
lives  and  property  in  case  of  explosions  or  other  acci- 
dents in  mines. 

The  commissioners  are  paid  $10  a  day  for  a  limited 
number  of  days  each  year. 

State  Art  Commission.  This  commission  consists  of 
two  painters  (artists),  two  sculptors,  two  architects,  and 
two  other  persons  not  engaged  in  any  of  these  pursuits, 
who  are  appointed  by  the  Governor  with  the  consent  of 
the  Senate,  to  serve  four  years.  The  Governor  is  ex 
officio  a  member  of  this  commission,  the  members  of  which 
receive  no  compensation. 

It  is  the  duty  of  the  commission  to  act  in  an  advisory 


FOR  ADDITIONAL  READING  OR  STUDY  197 

capacity  relative  to  the  creation,  acquisition,  construc- 
tion, erection,  or  remodeling  by  the  state,  or  upon  its 
land,  of  any  work 'of  art,  or  any  building  with  reference 
to  its  artistic  character. 

Live  Stock  Commissioners.  This  board,  consisting  of 
three  practical  stock  breeders,  is  appointed  by  the  Gov- 
ernor, with  the  consent  of  the  Senate,  for  three  years. 

It  is  the  duty  of  this  board  to  cause  to  be  investigated 
all  cases,  real  or  alleged,  that  may  come  to  its  knowledge 
of  contagious  or  infectious  diseases  among  domestic  ani- 
mals. The  board  has  power  to  quarantine  all  premises 
where  disease  exists,  or  has  recently  existed,  together 
with  all  exposed  premises.  It  has  power  to  order  the 
slaughter  of  all  such  animals  as  have  been  exposed  to 
any  contagious  disease.  The  State  Veterinarian  and  his 
assistants  act  under  the  direction  of  this  board. 

The  board  reports  annually  to  the  Governor  a  full 
statement  of  its  transactions  and  expenditures,  and  rec- 
ommends the  payment  of  such  damages  for  the  slaughter 
of  animals  as  it  shall  deem  proper.  The  members  of  the 
board  receive  their  necessary  traveling  and  incidental 
expenses. 

Commissioners  of  Labor.  This  board  consists  of  five 
commissioners  appointed  by  the  Governor,  with  the  con- 
sent of  the  Senate,  for  two  years.  Three  of  the  commis- 
sioners must  be  manual  laborers,  and  the  other  two 
manufacturers  or  employers  of  labor  in  some  productive 
industry.  This  board  constitutes  the  "Bureau  of  Labor 
Statistics."  The  bureau  collects  statistics  relating  to 
labor  and  the  laboring  classes,  and  presents  them  in  its 
biennial  report  to  the  General  Assembly.  The  com- 
missioners receive  $5  a  day  for  thirty  days,  annually, 
besides  traveling,  incidental,  and  office  expenses.  They 
appoint  a  secretary  at  a  salary  of  $2,500  a  year. 


198  ILLINOIS  AND  THE  NATION 

Charities  Commission.  This  commission  consists  of 
five  members  appointed  by  the  Governor,  with  the  con- 
sent of  the  Senate,  for  five  years.  It  is  the  duty  of  the 
commission  to  investigate  the  whole  system  of  charitable 
institutions  of  the  state,  examine  into  the  condition  of 
such  institutions,  and  report  annually  to  the  Governor, 
with  such  suggestions  and  recommendations  as  it  may 
deem  necessary  and  pertinent. 

Not  more  than  three  members  of  the  commission 
shall  belong  to  the  same  political  party.  The  members 
give  no  bond  and  receive  no  pay  except  actual  traveling 
expenses.  They  employ  a  secretary  and  other  necessary 
assistants. 

State  Highway  Commission.  This  commission  is 
composed  of  three  members,  appointed  by  the  Governor, 
with  the  consent  of  the  Senate,  to  serve  six  years.  No 
more  than  two  members  can  be  affiliated  with  the  same 
political  party.  Each  member  must  devote  his  whole 
time  to  the  work  of  the  commission.  The  Governor 
designates  one  commissioner  to  act  as  chairman. 

The  commission  has  general  supervision  of  all  high- 
ways and  bridges  constructed,  improved,  or  maintained 
in  whole  or  in  part  by  the  state  road  and  bridge  fund. 
It  lets  all  contracts  for  the  construction  and  improve- 
ment of  "state  aid"  roads. 

Each  commissioner  gives  a  bond  of  $10,000  and  re- 
ceives $3,500  a  year  and  necessary  traveling  expenses. 

Rivers  and  Lakes  Commission.  This  commission 
consists  of  three  members  appointed  by  the  Governor  for 
three  years.  Not  more  than  two  members  are  of  the 
same  political  party.  One  member  is  a  civil  engineer, 
another  a  lawyer,  and  the  third  a  man  intimately  ac- 
quainted with  the  rivers  and  lakes  of  the  state. 

The  commission  has  jurisdiction  and  supervision  over 


FOR  ADDITIONAL  READING  OR  STUDY  199 

all  the  rivers  and  lakes  of  Illinois  in  which  the  state  has 
any  right  or  interest.  It  is  the  duty  of  the  commission 
to  protect  the  interests  of  the  public  against  all  forms  of 
encroachment  upon  rivers  and  lakes  by  private  persons 
or  interests,  and  to  devise  methods  of  preserving  and 
beautifying  the  public  waters  of  the  state. 

The  chairman  of  the  commission  receives  $5,000  a 
year.  Each  of  the  other  members  receives  $3,500  a  year. 

Board  of  Pharmacy.  The  Governor,  with  the  con- 
sent of  the  Senate,  appoints  competent  persons  to  consti- 
tute a  Board  of  Pharmacy.  The  members  of  this  board 
are  recommended  to  the  Governor  by  the  Illinois  Phar- 
maceutical Association,  and  must  be  persons  of  at  least 
ten  years'  practical  experience  in  the  dispensing  of  phy- 
sicians' prescriptions.  They  are  appointed  for  five  years. 

It  is  the  duty  of  this  board  to  examine  all  applications 
made  by  persons  who  desire  to  become  registered  phar- 
macists, or  registered  assistant  pharmacists,  and  to  grant 
certificates  of  registration  to  such  persons  as  are  legally 
qualified  to  receive  such  certificates.  The  board  makes 
an  annual  report  of  its  transactions  to  the  Governor. 
The  members  chose  one  of  their  number  president,  and 
another  secretary.  The  secretary  receives  a  salary  fixed 
by  the  board.  The  other  members  receive  $8  a  day  for 
the  time  actually  employed.  All  receive  necessary  trav- 
eling and  incidental  expenses. 

State  Board  of  Health.  The  State  Board  of  Health 
was  created  by  law  in  1877.  The  board  consists  of  seven 
members,  appointed  for  seven  years.  It  is  the  duty  of 
the  board  to  prevent  the  introduction  of  contagious  dis- 
eases into  the  state.  They  have  power  to  quarantine 
when  necessary. 

The  board  also  grants  certificates  authorizing  com- 
petent persons  to  practice  medicine  within  the  state. 


200  ILLINOIS  AND  THE  NATION 

State  Board  of  Arbitration.  This  board  consists  of 
three  members,  not  more  than  two  of  whom  belong  to 
the  same  political  party.  They  are  appointed  by  the 
Governor,  with  the  advice  and  consent  of  the  Senate,  and 
serve  three  years.  Each  receives  $1,500  per  year. 

The  purpose  of  the  board  is  to  act  as  a  board  of 
arbitration  and  conciliation  whenever  any  controversy 
or  difficulty,  not  involving  -questions  which  may  be  set- 
tled by  the  courts  in  the  usual  manner,  exists  between 
a  person,  partnership,  or  corporation,  employing  not  less 
than  twenty-five  persons,  and  his  employees  in  this  state. 
The  action  of  the  board  is  not  legally  binding  upon  the 
parties  involved  in  the  controversy  unless  they  join  in  an 
application  for  the  board  to  arbitrate  the  matter  in  ques- 
tion. In  cases  of  strikes  and  lockouts,  threatened  or 
actual,  the  board  endeavors  to  bring  about  an  amicable 
settlement. 

State  Board  of  Pardons.  A  State  Board  of  Pardons 
was  created  by  the  legislature  in  1897.  It  consists  of 
three  members,  not  more  than  two  of  whom  shall  belong 
to  the  same  political  party.  Their  duty  is  to  hear  all 
applications  for  the  pardons  of  persons  convicted  of 
crime,  and  to  report  their  conclusions  and  recommenda- 
tions to  the  Governor.  The  board  holds  four  meetings 
a  year  at  Springfield. 

The  members  of  the  board  are  appointed  by  the 
Governor,  with  the  consent  of  the  Senate,  for  a  term 
of  three  years.  They  appoint  a  clerk.  Each  member  of 
the  board  and  the  clerk  receives  $2,000  per  year. 

Canal  Commissioners.  These  commissioners,  three 
in  number,  are  appointed  by  the  Governor,  with  the  con- 
sent of  the  Senate,  for  two  years.  They  are  to  be  "dis- 
creet and  skillful  persons,"  and  have  general  control  of 
the  Illinois  and  Michigan  Canal,  and  the  locks,  dams, 


FOR  ADDITIONAL  READING  OR  STUDY  201 

and  other  improvements  of  the  Illinois  and  Little 
Wabash  Rivers. 

Illinois  Park  Commission.  This  commission,  created 
in  1911,  consists  of  three  members  appointed  by  the 
Governor  for  three  years.  It  has  charge  of  the  Starved 
Rock  State  Park  in  La  Salle  County  and  all  future  parks 
acquired  by  the  state  are  to  be  under  its  control.  The 
members  serve  without  pay,  but  are  allowed  necessary 
traveling  and  other  expenses. 

Trustees  of  State  Historical  Library.  The  State  His- 
torical Library  at  Springfield  is  under  the  charge  of 
three  trustees  appointed  by  the  Governor  for  two  years. 
They  receive  only  necessary  expenses. 

Industrial  Board.  This  board  consists  of  three  mem- 
bers appointed  by  the  Governor,  with  the  consent  of  the 
Senate,  for  six  years.  One  member  must  be  a  repre- 
sentative citizen  of  the  employing  class  and  another  a 
representative  citizen  chosen  from  that  class  of  em- 
ployees which  comes  under  the  provisions  of  the  state 
law  known  as  the  "employers'  liability  law"  in  cases  of 
personal  injuries  to  employees.  The  third  member,  who 
acts  as  chairman  of  the  board,  must  be  a  representative 
citizen  not  identified  with  employers  or  employees  af- 
fected by  this  law.  Not  more  than  two  members 
of  the  board  shall  be  affiliated  with  the  same  political 
party. 

The  employers'  liability  law  applies  largely  to  build- 
ing operations,  factory  work,  and  other  extra  hazardous 
employment.  The  Industrial  Board  has  jurisdiction  over 
the  operation  and  administration  of  this  law  and  per- 
forms such  duties  as  are  imposed  upon  it  in  that  con- 
nection. 

Each  member  of  the  board  receives  a  salary  of  $4,000 
a  year. 


202  ILLINOIS  AND  THE  NATION 

State  Board  of  Examiners  of  Architects.  By  virtue 
of  an  act  of  1897  the  Governor,  with  the  consent  of  the 
Senate,  appoints  a  State  Board  of  Examiners  of  Archi- 
tects, consisting  of  five  members,  one  of  whom  must  be 
a  member  of  the  faculty  of  the  Illinois  State  University. 
The  others  must  be  residents  of  this  state  who  have 
practiced  architecture  for  at  least  ten  years. 

The  board  examines  and  grants  licenses  to  persons 
for  the  practice  of  architecture  in  Illinois.  It  appoints 
a  secretary  who  receives  not  to  exceed  $1,500  a  year. 
The  members  of  the  board  receive  $10  a  day  and  expenses 
for  time  actually  spent  in  attending  the  meetings  of  the 
board.  They  serve  four  years. 

State  Board  of  Dental  Examiners.  The  Governor 
appoints  five  practicing  dentists  to  constitute  this  board. 
They  serve  five  years,  and  have  charge  of  the  registra- 
tion and  licensing  of  persons  practicing  dentistry  in  this 
state.  The  members  of  the  board  receive  $10  a  day  for 
their  necessary  services. 

State  Board  of  Nurse  Examiners.  This  board  con- 
sists of  five  registered  nurses  appointed  by  the  Governor, 
with  the  consent  of  the  Senate,  for  three  years.  The 
board  grants  certificates  to  persons  whom  they  find  upon 
due  examination,  or  upon  proper  credentials  from  other 
states,  to  be  qualified  to  act  as  registered  nurses  in  this 
state.  The  members  of  the  board  are  paid  for  the  time 
actually  spent  in  the  performance  of  their  official  duties. 

Board  of  Examiners  of  Barbers.  This  board  consists 
of  three  practical  barbers  of  at  least  five  years'  experi- 
ence in  their  occupation.  They  are  appointed  by  the 
Governor  and  serve  two  years.  It  is  their  duty  to  exam- 
ine all  persons  desiring  to  engage  in  the  occupation  of 
barber  and  to  issue  certificates  of  registration  to  such 
persons  as  are  found  to  be  qualified. 


FOR  ADDITIONAL  READING  OR  STUDY  203 

OFFICERS  APPOINTED  BY  THE  GOVERNOR 

State  Architect.  The  Governor,  with  the  consent  of 
the  Senate,  appoints  a  State  Architect  of  Public  Build- 
ings. He  receives  $5,000  a  year. 

State  Food  Commissioner.  The  office  of  State  Food 
Commissioner  was  created  in  1899.  It  is  the  duty  of  this 
officer  to  enforce  all  laws  regarding  the  production,  man- 
ufacture, or  sale  of  dairy  products,  or  regarding  the 
adulteration  of  any  article  of  food.  He  is  appointed  by 
the  Governor,  with  the  consent  of  the  Senate,  for  two 
years,  and  receives  a  salary  of  $3,600  a  year. 

Insurance  Superintendent.  In  1893,  an  Insurance  De- 
partment of  the  State  of  Illinois  was  established  by  law. 
This  department  has  general  supervision  over  all  insur- 
ance companies  doing  business  in  the  state.  The  Gov- 
ernor, with  the  consent  of  the  Senate,  appoints  an  Insur- 
ance Superintendent.  He  serves  four  years,  and  receives 
$5,000  per  annum. 

State  Factory  Inspector.  The  Governor  appoints  a 
factory  inspector  for  a  term  of  four  years.  It  is  his 
duty,  together  with  his  assistant  and  30  deputy  inspect- 
ors, who  are  also  appointed  by  the  Governor,  to  visit  and 
inspect,  as  often  as  practicable,  the  workshops,  factories, 
and  manufacturing  establishments  where  goods  are  made 
in  this  state.  It  is  also  the  duty  of  the  inspector  to 
enforce  the  factory  act,  which,  among  other  things,  regu- 
lates the  employment  of  children  in  such  factories,  and 
to  prosecute  all  violations  of  the  act  in  question.  He 
receives  $3,000  a  year. 

Inspectors  of  Coal  Mines.  From  a  list  certified  by  the 
State  Mining  Board,  the  Governor  appoints  twelve  prop- 
erly qualified  persons  inspectors  of  coal  mines.  These 
inspectors  devote  their  entire  time  to  the  inspection 


204  ILLINOIS  AND  THE  NATION 

of  coal  mines,  taking  care  that  every  necessary  precaution 
is  taken  to  insure  the  health  and  safety  of  miners.  They 
receive  salaries  of  $1,800  a  year. 

Grain  Inspectors.  A  Chief  Grain  Inspector  is  ap- 
pointed by  the  Governor,  with  the  consent  of  the  Senate, 
for  two  years.  He  has  general  supervision  of  the  inspec- 
tion of  grain  in  warehouses,  and  acts  under  the  advice 
and  immediate  direction  of  the  Public  Utilities  Commis- 
sion. He  gives  a  bond  for  $50,000  and  receives  a  salary 
fixed  by  the  commission.  It  is  now  $6,000  a  year. 

State  Inspector  of  Apiaries.  This  officer  is  appointed 
by  the  Governor  for  two  years.  It  is  his  duty  to  inspect 
any  apiary  whenever  he  shall  have  reason  to  believe  that 
the  bees  therein  are  infected  with  any  contagious  disease, 
and  to  take  proper  steps  to  prevent  the  spread  of  such 
disease  to  other  apiaries. 

State  Fire  Marshal.  The  Governor,  with  the  consent 
of  the  Senate,  appoints  a  State  Fire  Marshal  to  serve 
four  years.  It  is  his  duty,  with  certain  local  officers,  to 
investigate  the  cause,  origin,  and  circumstances  of  every 
fire  occurring  within  the  state  whereby  property  has  been 
destroyed  or  damaged,  and  to  prosecute  persons  guilty 
of  arson. 

Superintendent  of  Printing.  The  Governor  appoints  a 
practical  printer,  who  has  had  at  least  six  years'  experi- 
ence, to  assist  the  commissioners  in  letting  the  state 
printing  by  estimating  the  amount  of  work  to  be  done  and 
the  paper  needed,  etc.  He  receives  $5,000  a  year. 

State  Veterinarian.  The  Governor  appoints  a  State 
Veterinarian  who  acts  under  the  direction  of  the  Live 
Stock  Commission.  He  may,  with  the  consent  of  the 
commission,  appoint  as  many  assistants  as  may  be 
necessary. 

The  State  Veterinarian  receives  $10  a  day  for  the  time 


FOR  ADDITIONAL  READING  OR  STUDY  205 

actually  employed,  together  with  all  necessary  traveling 
expenses. 

State  Highway  Engineer.'  The  Governor  appoints  a 
State  Highway  Engineer  and  an  assistant — each  to  serve 
six  years.  These  engineers  are  the  administrative  and 
technical  agents  of  the  State  Highway  Commission. 
They  receive  salaries  of  $4,000  and  $2,500  a  year, 
respectively. 

State  Entomologist.  This  officer  is  appointed  by  the 
Governor,  with  the  consent  of  the  Senate,  for  two  years. 
He  is  a  competent  and  scientific  person,  and  devotes  his 
time  to  investigating  the  entomology  of  Illinois,  and 
particularly  to  studying  the  history  of  insects  injurious 
to  the  gardener  and  the  farmer.  He  collects  and  pre- 
serves a  cabinet  to  be  deposited  with  the  University  of 
Illinois.  He  also  prepares  for  publication  an  annual 
report  of  his  researches  and  discoveries  in  entomology. 

Officers  for  the  Prevention  of  Cruelty  to  Animals. 
The  Governor,  with  the  consent  of  the  Senate,  appoints 
officers  to  enforce  the  law  for  the  prevention  of  cruelty 
to  animals.  They  are  assigned  to  Chicago,  Peoria,  and 
East  St.  Louis,  where  they  see  that  animals  in  stock 
yards  or  at  distilleries,  breweries,  or  other  places,  are 
properly  fed  and  cared  for,  and  that  they  receive  the 
full  amount  of  feed  for  which  the  owner  or  shipper  is 
charged. 

These  officers  report  quarterly  to  the  Governor. 
Their  term  is  two  years,  and  they  receive  salaries  not  to 
exceed  $1,200  a  year. 

Commissioner  of  Deeds.  The  Governor  of  this  state 
may  appoint  commissioners  of  deeds  in  other  states,  in 
the  territories,  and  in  foreign  states.  These  commission- 
ers have  power  to  take  acknowledgment  of  deeds  and 
other  instruments,  and  to  take  depositions.  Their  official 


206  ILLINOIS  AND  THE  NATION 

acts  have  the  same  effect  as  if  they  had  been  done  by  an 
officer  residing  within  the  state. 

Public  Administrators.  The  Governor,  with  the  con- 
sent of  the  Senate,  must  appoint  in  each  county  of  the 
state  a  Public  Administrator,  whose  duty  it  is  to  act  as 
administrator  of  the  estates  of  deceased  persons  having 
no  relative  or  creditor  within  the  state  who  will  act  as 
administrator. 

Notaries  Public.  The  Governor,  with  the  consent 
of  the  Senate,  may  appoint  as  many  Notaries  Public 
as  he  may  deem  necessary,  but  no  person  can  be 
appointed  except  upon  petition  of  at  least  fifty  legal 
voters  of  the  city,  village,  town,  or  precinct  for  which 
he  is  appointed. 

Notaries  public  are  appointed  for  four  years.  They 
have  authority  to  administer  oaths,  take  depositions,  take 
acknowledgment  of  such  instruments  as  deeds  and 
mortgages. 

A  deposition  is  a  written  testimony  of  a  witness 
sworn  to  before  a  proper  officer.  Depositions  are  re- 
ceived in  courts  as  evidence. 


THE  CONSTITUTION   AND   THE   CONSTITUTIONAL 
CONVENTION 

If  the  knowledge  of  Civics  which  our  students  acquire 
is  not  to  be  superficial  it  is  necessary  that  it  be  closely 
connected  with  the  history  of  which  it  is  a  direct  out- 
growth. Just  as  our  American  history  had  its  beginnings 
long  before  America  was  discovered,  so  our  political  in- 
stitutions may  be  traced  far  back  in  the  history  of  man's 
strivings  for  self  government. 

The  student  of  Civics  should  realize  that  in  the 
Constitutional  Convention  and  its  great  product,  our 


FOR  ADDITIONAL  READING  OR  STUDY  207 

Constitution,  we  have  nothing  new,  but  rather  the  cul- 
mination of  centuries  of  struggle  and  effort.  He  must 
understand  that  the  work  of  the  Constitutional  Conven- 
tion was  the  final  step  in  the  realization  of  America's 
greatest  mission — the  establishment  of  representative 
government.  To  do  this,  he  should  briefly  review  step 
by  step  European  history  of  the  fifteenth  and  sixteenth 
centuries,  the  compact  in  the  Mayflower,  the  history  of 
Plymouth  Colony,  the  establishment  of  the  Virginia 
House  of  Burgesses — the  first  representative  assembly 
in  America,  the  growth  and  development  of  the  colonial 
legislatures,  the  contests  with  arbitrary  royal  rule  as  in 
the  Charter  Oak,  the  attempts  at  colonial  union  as  in  the 
New  England  Confederation,  the  proposal  and  rejection 
of  the  plan  of  union  formulated  by  Franklin  for  the  Coun- 
cil at  Albany,  the  colonial  congress,  the  several  Conti- 
nental Congresses,  the  weak  union  in  the  Articles  of 
Confederation,  and  finally  the  Constitutional  Convention 
of  1787  at  Philadelphia  and  our  supreme  law — the  Con- 
stitution of  the  United  States. 

In  reviewing  these  subjects  be  sure  that  you  under- 
stand their  influence  on  each  other  and  on  the  Consti- 
tution. In  any  good  United  States  history,  study  the 
work  of  Washington,  Jefferson,  Madison,  Hamilton  and 
Franklin  in  the  Constitutional  Convention.  Study  the 
various  plans  offered  the  convention,  the  conflicts,  and 
the  compromises  that  were  finally  agreed  to.  Read  of 
the  great  work  required  to  secure  the  ratification  of  the 
Constitution  in  the  various  states.  You  will  then  under- 
stand that  that  document  was  not  written  and  adopted  in 
a  day,  but  was  debated  and  fought  over  word  by  word. 
You  will  appreciate  the  truly  great  work  of  our  fore- 
fathers in  giving  us  such  an  excellent  foundation  for 
our  national  government. 


208 


ILLINOIS  AND  THE  NATION 


ELECTORAL  DISTRICTS 

Table  of  Counties.  The  following  table  will  be  found 
useful  in  studying  the  district  organization  of  the  state. 
After  each  county  name  will  be  found  the  number  of 
each  district  to  which  that  county  belongs. 


COUNTY 

COUNTY 
SEAT 

CONGRES- 
SIONAL 
DISTRICT 

SENA- 
TORIAL 
DISTRICT 

JUDICIAL 
CIRCUIT 

JUDICIAL  DISTRICTS 

APPELLATE 

SUPREME 

Adams  

Quincy   

15 
25 

22 
12 
20 
16 
20 
13 
20 
19 
21 
18 
24 
23 
19 
1,2,3,4 
5,6,7,8 
9,10 

23 
18 
12 
19 
19 
11 
18 
24 
23 
23 
17 
25 

36 
SO 
47 
8 
30 
37 
36 
12 
30 
24 
40 
34 
42 
42 
34 
1,2,3,4 
5,6,7,9 
11,13, 
15,17, 
19,21, 
23,25, 
27,29, 
31 
48 
40 
35 
28 
34 
41 
22 
48 
42 
40 
26 
50 

8 

1 

3 
17 
8 
13 
8 
15 
8 
6 
4 
5 
4 
4 
5 
Not 
num- 
bered 

2 
5 
16 
6 
6 
16 
5 
2 
4 
4 
11 
2 

3 

4 
4 
2 
'       3 
2 
3 
2 
3 
3 
3 
3 
4 
4 
3 
1 

4 
3 
2 
3 
3 
2 
3 
4 
4 
4 
3 
4 

4 

1 

2 
6 
4 
5 
2 
6 
4 
3 
3 
3 
2 
1 
3 
7 

2 
2 
6 
3 
3 
7 
3 
1 
2 
2 
3 
1 

Alexander  

Cairo  

Bond  

Greenville    
Belvidere  
Mt.  Sterling... 
Princeton  
Hardin   

Boone  

Brown  

Bureau  

Calhoun  

Carroll  

Mt.  Carroll  
Virginia   

Cass  

Champaign  
Christian  

Urbana  

Taylorville  .... 
Marshall  

Clark  

Clay  

Louisville  

Clinton  

Carlyle   

Coles  

Charleston  
Chicago  

Cook  

Crawford  

Robinson  
Toledo    

Cumberland  
DeKalb  

Sycamore  
Clinton  

DeWitt  

Douglas 

Tuscola   

DuPage  

Wheaton    
Paris  

Edgar  

Edwards  

Albion  

Effinpham  
Fayette  

Effingham    .... 
Vandalia  

Ford  

Paxton  

Franklin  .  . 

Benton   . 

FOR  ADDITIONAL  READING  OR  STUDY 


209 


COUNTY 

COUNTY 
SEAT 

CONGRES- 
SIONAL 
DISTRICT 

SENA- 
TORIAL 
DISTRICT 

JUDICIAL 
CIRCUIT 

JUDICIAL  DISTRICTS 

APPELLATE 

SUPREME 

Fulton  

Lewistown  .... 
Shawneetovvn.  . 
Carrollton    .... 
Morris    

15 
24 
20 
12 
24 
14 
24 
14 
15 
18 
25 
23 
23 
20 
13 
24 
11 
18 
12 
15 
10 
12 
23 
13 
17 
17 
19 
21 
22 
23 
16 
20 
24 
14 
11 
17 
20 
14 
22 
21 
20 
19 
13 
16 
25 

43 

48 
38 
20 
51 
32 
48 
33 
37 
20 
44 
46 
46 
38 
12 
51 
14 
20 
14 
43 
8 
39 
48 
35 
16 
28 
28 
38 
47 
42 
16 
30 
51 
32 
8 
26 
30 
33 
44 
38 
45 
24 
10 
18 
44 

9 
2 

7 
13 
2 
9 
2 

9 
14 
12 
1 
4 
2 
7 
15 
1 
16 
12 
16 
9 
17 
13 
2 
15 
11 
11 
6 
7 
3 
4 
10 
8 
1 
9 
17 
11 
8 
14 
3 
4 
7 
6 
15 
10 
3 

3 

4 
3 
2 
4 
3 
4 
2 
2 
2 
4 
4 
4 
3 
2 
4 
2 
2 
2 
2 
2 
2 
4 
2 
2 
3 
3 
3 
4 
4 
2 
3 
4 
3 
2 
3 
3 
2 
4 
3 
3 
3 
2 
2 
4 

4 
1 
2 
5 
1 
4 
1 
4 
5 
3 
1 
2 
1 
2 
6 
1 
6 
7 
6 
5 
7 
5 
2 
6 
3 
3 
3 
2 
2 
2 
5 
4 
1 
4 
6 
3 
4 
4 
1 
2 
4 
3 
6 
S* 
1 

Gallatin  

Greene  

Grundy  

Hamilton  

McLeansboro    . 
Carthage  

Hancock  

Hardin  

Elizabethtown  .  . 
Oquawka   

Henderson  
Henry  

Cambridge  .... 
\Vatseka    .... 

Iroquois  

Jackson  

Murphysboro  .. 
Newton  

Jasper  

Jefferson  

Mt.  Vernon  
Jerseyville  
Galena  

Tersev.  . 

Jo  Daviess  
Johnson  

Vienna   

Kane  

Geneva  

Kankakee  

Kankakee  
Yorkville   
Galesburg  
Waukegan  .... 
Ottawa  

Kendall  

Knox  

Lake  

LaSafle  

Lawrence  

Lawrenceville  .. 
Dixon  . 

Lee  

Livingston  

Pontiac  

Logan  

-.incoln  .... 

Macon  

Decatur   .  . 

Macoupin  

Zarlinville   
Edwardsville  ... 
Salem  

Madison  

Marion  

Marshall  

Lacon  

Mason  

Havana    .  . 

Massac  

Metropolis  
Vlacomh  

McDonough  .  .  . 
McHenry  

Woodstock   .  .  . 
Bloomington   .  . 
Petersburg    .  .  . 
Aledo   .  .  . 

McLean  

Menard  

Mercer  

Monroe  

Waterloo 

Montgomery  .  .  . 
Morgan  

H[illsboro   

Jacksonville  .  .  . 
Sullivan 

Moultrie  

Ogle  

Oregon 

Peoria  

Peoria 

Perry  

Pinckneyville  .. 

210 


ILLINOIS  AND  THE  NATION 


COUNTY 

COUNTY 
SEAT 

CONGRES- 
SIONAL 
DISTRICT 

SENA- 
TORIAL 
DISTRICT 

JUDICIAL 
CIRCUIT 

JUDICIAL  DISTRICTS 

APPELLATE 

SUPREME 

Piatt  

Monticello  
Pittsfield 

19 
20 
24 
25 
16 
25 
23 
14 
24 
21 
15 
20 
19 
16 
22 
13 
16 
25 
18 
23 
14 
22 
24 
24 
13 
11 
25 
12 
17 

24 
36 
51 
50 
16 
44 
46 
33 
51 
45 
30 
36 
40 
37 
49 
12 
30 
50 
22 
48 
32 
44 
46 
48 
35 
41 
50 
10 
16 

6 
8 
1 
1 
10 
3 
2 
14 
1 
7 
8 
7 
4 
10 
3 
15 
10 
1 
5 
2 
9 
3 
2 
2 
14 
12 
1 
17 
11 

3 
3 
4 
4 
2 
4 
4 
2 
4 
3 
3 
3 
3 
2 
4 
2 
3 
4 
3 
4 
2 
4 
4 
4 
2 
2 
4 
2 
2 

3 

2 
1 
1 
5 
1 
2 
4 
1 
3 
4 
2 
2 
5 
1 
6 
3 
1 
3 
1 
4 
1 
1 
1 
6 
7 
1 
6 
5 

Pike  

Pope  

Golconda   .... 

Pulaski  

Mound  City  .  .  . 
Hennepin  
Chester  

Putnam  

Randolph  

Richland  

Olney   

Rock  Island.  .  . 
Saline  

Rock  Island... 
Harrisburg    .  .  . 
Springfield    .  .  . 
Rushville  

Sangamon  

Schuyler  

Scott  

Winchester   .  .  . 
Shelbyville    .  .  . 
Toulon   

Shelby  

Stark  

St  Clair  

Belleville  

Stephenson  
Tazewell  

Freeport  

Pekin    

Union  

Jonesboro    .... 
Danville  

Vermilion  

Wabash  

Mt.  Carmel  
Monmouth  .... 
Nashville   

Warren  

Washington.  .  .  . 
W^ayne  

Fairfield  

White  

Carmi  

Whiteside  

Morrison   
Joliet  

Will  

Williamson  
Winnebago  
Woodford  

Marion     

Rockf  ord  
Eureka  

The  congressional  and  senatorial  apportionments  were 
made  in  1901.  The  judicial  districts  were  fixed  by  the 
General  Assembly  in  1897.  The  apportionment  of  1901 
divides  Illinois  into  twenty-five  congressional  districts. 
Two  congressmen  are  elected  at  large.  The  state  has 
twenty-nine  electoral  votes. 


WAP  OF 

ILLINOIS 

SHOWING 
COUNTY  HIHMPAKIKS 

AND 
POPULATION,  1910 


211 


THE 

CONGRESSIONAL 
DISTRICTS 


COOK  COUNTY  DISTRICTS. 

1st,  2nd,  3rd,  4th,  Gth.  8th, 

7th.  8th,  9th,  and  10th. 


212 


LIVING 
OODFORD 

16th  DIST.   «o.4e» 


34th 

COLES 0 
34,517 

DIST 


THE 

SENATORIAL 

DISTRICTS 


COOK  COUKTY  DISTRICTS. 

1st.  2nd,  3rd,  4th.  5th.  6th.  7th, 

9th.  llth.  13th.  l.',th,  17th.  19th. 

21st.  23rd,  25th,  27th.  29th.  and  31st. 


JUDICIAL  CIRCUITS      ° 


214 


APPENDIX 


APPENDIX 


CONSTITUTION   OF  THE   STATE  OF  ILLINOIS 


ADOPTED  IN  CONVENTION  AT  SPRINGFIELD,  MAY  13,  A.  D.  1870. 


Ratified  July  2,  1870;  in  force  August  8,  1870;  amended  1878,  1880, 
1884,  1886,  1890,  1904  and  1908. 


PREAMBLE 

We,  the  people  of  the  State  of  Illinois — grateful  to  Almighty 
God  for  the  civil,  political,  and  religious  liberty  which  He  hath  so 
long  permitted  us  to  enjoy,  and  looking  to  Him  for  a  blessing  upon 
our  endeavors  to  secure  and  transmit  the  same  unimpaired  to  suc- 
ceeding generations — in  order  to  form  a  more  perfect  government, 
establish  justice,  insure  domestic  tranquillity,  provide  for  the  com- 
mon defense,  promote  the  general  welfare,  and  secure  the  blessings 
of  liberty  to  ourselves  and  our  posterity,  do  ordain  and  establish 
this  Constitution  for  the  State  of  Illinois. 

ARTICLE  I 

BOUNDARIES 

The  boundaries  and  jurisdiction  of  the  state  shall  be  as  fol- 
lows, to-wit :  Beginning  at  the  mouth  of  the  Wabash  River ;  thence 
up  the  same,  and  with  the  line  of  Indiana,  to  the  northwest  corner 
of  said  state ;  thence  east,  with  the  line  of  the  same  state,  to  the 
middle  of  Lake  Michigan ;  thence  north  along  the  middle  of  said 
lake,  to  north  latitude  forty-two  degrees  and  thirty  minutes ; 
thence  west  to  the  middle  of  the  Mississippi  River,  and  thence 
down  along  the  middle  of  that  river  to  its  confluence  with  the 
Ohio  River,  and  thence  up  the  latter  river  along  its  northwestern 

217 


218  ILLINOIS  AND  THE  NATION 

shore,  to  the  place  of  beginning:     Provided,  that  this  state  shall 

exercise    such   jurisdiction    upon   the    Ohio    River,    as    she   is  now 

entitled  to,  or  such  as  may  hereafter  be  agreed  upon  by  this  state 
and  the  State  of   Kentucky. 

ARTICLE  II 

BILL    OF    RIGHTS 

SECTION  i.  All  men  are  by  nature  free  and  independent,  and 
have  certain  inherent  and  inalienable  rights — among  these  are  life, 
liberty,  and  the  pursuit  of  happiness.  To  secure  these  rights  and 
the  protection  of  property,  governments  are  instituted  among  men, 
deriving  their  just  powers  from  the  consent  of  the  governed. 

SEC.  2.  No  person  shall  be  deprived  of  life,  liberty,  or  property, 
without  due  process  of  law. 

SEC.  3.  The  free  exercise  and  enjoyment  of  religious  profes- 
sion and  worship,  without  discrimination,  shall  forever  be  guar- 
anteed; and  no  person  shall  be  denied  any  civil  or  political  right, 
privilege,  or  capacity  on  account  of  his  religious  opinions;  but  the 
liberty  of  conscience  hereby  secured  shall  not  be  construed  to  dis- 
pense with  oaths  or  affirmations,  excuse  acts  of  licentiousness,  or 
justify  practices  inconsistent  with  the  peace  or  safety  of  the  state. 
No  person  shall  be  required  to  attend  or  support  any  ministry  or 
place  of  worship  against  his  consent,  nor  shall  any  preference  be 
given  by  law  to  any  religious  denomination  or  mode  of  worship. 

SEC.  4.  Every  person  may  freely  speak,  write  and  publish  on 
all  subjects,  being  responsible  for  the  abuse  of  that  liberty;  and  in 
all  trials  for  libel,  both  civil  and  criminal,  the  truth,  when  pub- 
lished with  good  motives  and  for  justifiable  ends,  shall  be  a  suffi- 
cient defense. 

SEC.  5.  The  right  of  trial  by  jury  as  heretofore  enjoyed,  shall 
remain  inviolate;  but  the  trial  of  civil  cases  before  justices  of  the 
peace,  by  a  jury  of  less  than  twelve  men,  may  be  authorized  by  law. 

SEC.  6.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches  and  seiz- 
ures, shall  not  be  violated;  and  no  warrant  shall  issue  without 
probable  cause,  supported  by  affidavit,  particularly  describing  the 
place  to  be  searched,  and  the  persons  and  things  to  be  seized. 

SEC.  7.  All  persons  shall  be  bailable  by  sufficient  sureties,  ex- 
cept for  capital  offenses,  where  the  proof  is  evident  or  the  pre- 
sumption great ;  and  the  privilege  of  the  writ  of  habeas  corpus  shall 


APPENDIX  219 

not  be  suspended,  unless  when  in  cases  of  rebellion  or  invasion  the 
public  safety  may  require  it. 

SEC.  8.  No  person  shall  be  held  to  answer  for  a  criminal 
offense  unless  on  indictment  of  a  grand  jury,  except  in  cases  in 
which  the  punishment  is  by  fine,  or  imprisonment  otherwise  than  in 
the  penitentiary,  in  cases  of  impeachment,  and  in  cases  arising  in  the 
army  and  navy,  or  in  the  militia  when  in  actual  service  in  time  of 
war  or  public  danger:  Provided,  that  the  grand  jury  may  be 
abolished  by  law  in  all  cases. 

SEC.  9.  In  all  criminal  prosecutions,  the  accused  shall  have 
the  right  to  appear  and  defend  in  person  and  by  counsel ;  to  demand 
the  nature  and  cause  of  the  accusation,  and  to  have  a  copy  thereof; 
to  meet  the  witnesses  face  to  face,  and  to  have  process  to  compel 
the  attendance  of  witnesses  in  his  behalf,  and  a  speedy  public  trial 
by  an  impartial  jury  of  the  county  or  district  in  which  the  offense 
is  alleged  to  have  been  committed. 

SEC.  10.  No  person  shall  be  compelled  in  any  criminal  case  to 
give  evidence  against  himself,  or  be  twice  put  in  jeopardy  for  the 
same  offense. 

SEC.  ii.  All  penalties  shall  be  proportioned  to  the  nature  of 
the  offense;  and  no  conviction  shall  work  corruption  of  blood  or 
forfeiture  of  estate;  nor  shall  any  person  be  transported  out  of  the 
state  for  any  offense  committed  within  the  same. 

SEC.  12.  No  person  shall  be  imprisoned  for  debt,  unless  upon 
refusal  to  deliver  up  his  estate  for  the  benefit  of  his  creditors,  in 
such  manner  as  shall  be  prescribed  by  law;  or  in  cases  where  there 
is  strong  presumption  of  fraud. 

SEC.  13.  Private  property  shall  not  be  taken  or  damaged  for 
public  use  without  just  compensation.  Such  compensation,  when 
not  made  by  the  state,  shall  be  ascertained  by  a  jury,  as  shall  be 
prescribed  by  law.  The  fee  of  land  taken  for  railroad  tracks,  with- 
out consent  of  the  owners  thereof,  shall  remain  in  such  owners, 
subject  to  the  use  for  which  it  is  taken. 

SEC.  14.  No  ex  post  facto  law,  or  law  impairing  the  obliga- 
tion of  contracts,  or  making  any  irrevocable  grant  of  special  priv- 
ileges or  immunities,  shall  be  passed. 

SEC.  15.  The  military  shall  be  in  strict  subordination  to  the 
civil  power. 

SEC.  16.  No  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner;  nor  in  time  of  war 
except  in  the  manner  prescribed  by  law. 


220  ILLINOIS  AND  THE  NATION 

SEC.  17.  The  people  have  the  right  to  assemble  in  a  peaceable 
manner  to  consult  for  the  common  good,  to  make  known  their 
opinions  to  their  representatives,  and  to  apply  for  redress  of 
grievances. 

SEC.  18.    All  elections  shall  be  free  and  equal. 

SEC.  19.  Every  person  ought  to  find  a  certain  remedy  in  the 
laws  for  all  injuries  and  wrongs  which  he  may  receive  in  his  per- 
son, property  or  reputation;  he  ought  to  obtain,  by  law,  right  and 
justice  freely  and  without  being  obliged  to  purchase  it,  completely 
and  without  denial,  promptly  and  without  delay. 

SEC.  20.  A  frequent  recurrence  to  the  fundamental  principles 
of  civil  government  is  absolutely  necessary  to  preserve  the  blessings 
of  liberty. 

ARTICLE   III 

DISTRIBUTION    OF   POWERS 

The  powers  of  the  government  of  this  state  are  divided  into 
three  distinct  departments — the  legislative,  executive,  and  judicial ; 
and  no  person,  or  collection  of  persons,  being  one  of  these  depart- 
ments, shall  exercise  any  power  properly  belonging  to  either  of 
the  others,  except  as  hereinafter  expressly  directed  or  permitted. 

ARTICLE   IV 

LEGISLATIVE   DEPARTMENT 

SECTION  I.  The  legislative  power  shall  be  vested  in  a  Gen- 
eral Assembly,  which  shall  consist  of  a  Senate  and  House  of  Repre- 
sentatives, both  to  be  elected  by  the  people. 

ELECTION 

SEC.  2.  An  election  for  members  of  the  General  Assembly 
shall  be  held  on  the  Tuesday  next  after  the  first  Monday  in  Novem- 
ber, in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sev- 
enty, and  every  two  years  thereafter,  in  each  county,  at  such  places 
therein  as  may  be  provided  by  law.  When  vacancies  occur  in  either 
house,  the  Governor,  or  person  exercising  the  powers  of  Governor, 
shall  issue  writs  of  election  to  fill  such  vacancy. 

ELIGIBILITY    AND    OATH 

SEC.  3.  No  person  shall  be  a  Senator  who  shall  not  have 
attained  the  age  of  twenty-five  years,  or  a  Representative  who 
Bhall  not  have  attained  the  age  of  twenty-one  years.  No  person 


APPENDIX  221 

shall  be  a  Senator  or  Representative  who  shall  not  be  a  citizen  of 
the  United  States,  and  who  shall  not  have  been  for  five  years  a 
resident  of  this  state,  and  for  two  years  next  preceding  his  election 
a  resident  within  the  territory  forming  the  district  from  which  he 
is  elected.  No  judge  or  clerk  of  any  court,  Secretary  of  State, 
Attorney  General,  State's  Attorney,  Recorder,  Sheriff,  or  collector 
of  public  revenue,  member  of  either  house  of  Congress,  or  person 
holding  any  lucrative  office  under  the  United  States  or  this  state,  or 
any  foreign  government,  shall  have  a  seat  in  the  General  Assembly : 
Provided,  that  appointments  in  the  militia,  and  the  offices  of  notary 
public  and  justice  of  the  peace,  shall  not  be  considered  lucrative. 
Nor  shall  any  person  holding  any  office  of  honor  or  profit  under 
any  foreign  government,  or  under  the  government  of  the  United 
States  (except  postmasters  whose  annual  compensation  does  not 
exceed  the  sum  of  three  hundred  dollars),  hold  any  office  of  honor 
or  profit  under  the  authority  of  this  state. 

SEC.  4.  No  person  who  has  been,  or  hereafter  shall  be  con- 
victed of  bribery,  perjury  or  other  infamous  crime,  nor  any  person 
who  has  been  or  may  be  a  collector  or  holder  of  public  moneys,  who 
shall  not  have  accounted  for  and  paid  over,  according  to  law,  all 
such  moneys  due  from  him,  shall  be  eligible  to  the  General  Assem- 
bly, or  to  any  office  of  profit  or  trust  in  this  state. 

SEC.  5.  Members  of  the  General  Assembly,  before  they  enter 
upon  their  official  duties,  shall  take  and  subscribe  the  following 
oath  or  affirmation: 

"I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  Constitution 
of  the  United  States  and  the  Constitution  of  the  State  of  Illinois,  and  will 
faithfully  discharge  the  duties  of  Senator  (or  Representative)  according  to 
the  best  of  my  ability;  and  that  I  have  not  knowingly  or  intentionally  paid 
or  contributed  anything,  or  made  any  promise  in  the  nature  of  a  bribe,  to 
directly  or  indirectly  influence  any  vote  at  the  election  at  which  I  was 
chosen  to  fl,ll  the  said  office,  and  have  not  accepted,  nor  will  I  accept  or 
receive,  directly  or  Indirectly,  any  money  or  other  valuable  thing,  from 
any  corporation,  company  or  -person,  for  any  vote  or  influence  I  may  give 
or  withhold  on  any  bill,  resolution,  or  appropriation,  or  for  any  other 
official  act." 

This  oath  shall  be  administered  by  a  judge  of  the  supreme  or 
circuit  court  in  the  hall  of  the  house  to  which  the  member  is  elected, 
and  the  Secretary  of  State  shall  record  and  file  the  oath  subscribed 
by  each  member.  Any  member  who  shall  refuse  to  take  the  oath 
herein  prescribed  shall  forfeit  his  office,  and  every  member  who 
shall  be  convicted  of  having  sworn  falsely  to,  or  of  violating  his 


222  ILLINOIS  AND  THE  NATION 

said  oath,  shall  forfeit  his  office  and  be  disqualified  thereafter  from 
holding  any  office  of  profit  or  trust  in  this  state. 

APPORTION  MENT — SENATORIAL 

SEC.  6.  The  General  Assembly  shall  apportion  the  state  every 
ten  years,  beginning  with  the  year  one  thousand  eight  hundred  and 
seventy-one,  by  dividing  the  population  of  the  state,  as  ascertained 
by  the  federal  census,  by  the  number  fifty-one,  and  the  quotient 
shall  be  the  ratio  of  representation  in  the  senate.  The  state  shall 
be  divided  into  fifty-one  senatorial  districts,  each  of  which  shall 
elect  one  Senator,  whose  term  of  office  shall  be  four  years.  The 
Senators  elected  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  seventy-two,  in  districts  bearing  odd  numbers,  shall  vacate 
their  offices  at  the  end  of  two  years,  and  those  elected  in  districts 
bearing  even  numbers,  at  the  end  of  four  years;  and  vacancies 
occurring  by  the  expiration  of  term  shall  be  filled  by  the  election 
of  Senators  for  the  full  term.  Senatorial  districts  shall  be  formed 
of  contiguous  and  compact  territory,  bounded  by  county  lines,  and 
contain  as  nearly  as  practicable  an  equal  number  of  inhabitants; 
but  no  district  shall  contain  less  than  four-fifths  of  the  senatorial 
ratio.  Counties  containing  not  less  than  the  ratio  and  three- fourths, 
may  be  divided  into  separate  districts,  and  shall  be  entitled  to  two 
Senators,  and  to  one  additional  Senator  for  each  number  of  inhab- 
itants equal  to  the  ratio  contained  by  such  counties  in  excess  of 
twice  the  number  of  said  ratio. 

Note.  By  the  adoption  of  minority  representation,  Sections  7  and  8  of 
this  article  cease  to  be  a  part  of  the  Constitution.  Under  Section  12  of  the 
schedule,  and  the  vote  of  adoption,  the  following  section  relating  to 
minority  representation  is  substituted  for  said  sections: 

MINORITY  REPRESENTATION 

SECS.  7  and  8.  The  House  of  Representatives  shall  consist 
of  three  times  the  number  of  the  members  of  the  Senate,  and  the 
term  of  office  shall  be  two  years.  Three  Representatives  shall  be 
elected  in  each  senatorial  district  at  the  general  election  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  seventy-two,  and 
every  two  years  thereafter.  In  all  elections  of  Representatives 
aforesaid,  each  qualified  voter  may  cast  as  many  votes  for  one  can- 
didate as  there  are  Representatives  to  be  elected,  or  may  distribute 
the  same,  or  equal  parts  thereof,  among  the  candidates,  as  he  shall 
see  fit;  and  the  candidates  highest  in  votes  shall  be  declared  elected. 


APPENDIX  223 

TIME  OF    MEETING  AND  GENERAL  RULES 

SEC.  9.  The  sessions  of  the  General  Assembly  shall  commence 
at  twelve  o'clock  noon,  on  the  Wednesday  next  after  the  first  Mon- 
day in  January,  in  the  year  next  ensuing  the  election  of  members 
thereof,  and  at  no  other  time,  unless  as  provided  by  this  Constitu- 
tion. A  majority  of  the  members  elected  to  each  house  shall  con- 
stitute a  quorum.  Each  house  shall  determine  the  rules  of  its  pro- 
ceedings, and  be  the  judge  of  the  election,  returns,  and  qualifica- 
tions of  its  members;  shall  choose  its  own  officers;  and  the  Senate 
shall  choose  a  temporary  president  to  preside  when  the  Lieutenant 
Governor  shall  not  attend  as  president,  or  shall  act  as  Governor. 
The  Secretary  of  State  shall  call  the  House  of  Representatives  to 
order  at  the  opening  of  each  new  assembly,  and  preside  over  it  until 
a  temporary  presiding  officer  thereof  shall  have  been  chosen  and 
shall  have  taken  his  seat.  No  member  shall  be  expelled  by  either 
house,  except  by  a  vote  of  two-thirds  of  all  the  members  elected  to 
that  house,  and  no  member  shall  be  twice  expelled  for  the  same 
offense.  Each  house  may  punish  by  imprisonment  any  person,  not  a 
member,  who  shall  be  guilty  of  disrespect  to  the  house  by  disorderly 
or  contemptuous  behavior  in  its  presence.  But  no  such  imprison- 
ment shall  extend  beyond  twenty-four  hours  at  one  time,  unless 
the  person  shall  persist  in  such  disorderly  or  contemptuous  behavior. 

SEC.  10.  The  door  of  each  house  and  of  committees  of  the 
whole  shall  be  kept  open,  except  in  such  cases  as,  in  the  opinion 
of  the  house,  require  secrecy.  Neither  house  shall,  without  the  con- 
sent of  tlje  other,  adjourn  for  more  than  two  days,  or  to  any  other 
place  than  that  in  which  the  two  houses  shall  be  sitting.  Each 
house  shall  keep  a  journal  of  its  proceedings,  which  shall  be  pub- 
lished. In  the  Senate,  at  the  request  of  two  members,  and  in  the 
House  at  the  request  of  five  members,  the  yeas  and  nays  shall  be 
taken  on  any  question,  and  entered  upon  the  journal.  Any  two 
members  of  either  house  shall  have  liberty  to  dissent  from  and 
protest,  in  respectful  language,  against  any  act  or  resolution  which 
they  think  injurious  to  the  public  or  to  any  individual,  and  have 
the  reasons  of  their  dissent  entered  upon  the  journals. 

STYLE  OF  LAWS,  AND  PASSAGE  OF  BILLS 

SEC.  ii.  The  style  of  the  laws  of  this  state  shall  be:  "Be  it 
enacted  by  the  People  of  the  State  of  Illinois,  represented  in  the 
General  Assembly." 


224  ILLINOIS  AND  THE  NATION 

SEC.  12.  Bills  may  originate  in  either  house,  but  may  be  altered, 
amended,  or  rejected  by  the  other;  and  on  the  final  passage  of  all 
bills,  the  vote  shall  be  by  yeas  and  nays,  upon  each  bill  separately, 
and  shall  be  entered  upon  the  journal;  and  no  bill  shall  become  a 
law  without  the  concurrence  of  a  majority  of  the  members  elected 
to  each  house. 

SEC.  13.  Every  bill  shall  be  read  at  large  on  three  different 
days,  in  each  house;  and  the  bill  and  all  amendments  thereto  shall 
be  printed  before  the  vote  is  taken  on  its  final  passage;  and  every 
bill,  having  passed  both  houses,  shall  be  signed  by  the  speakers 
thereof.  No  act  hereafter  passed  shall  embrace  more  than  one 
subject,  and  that  shall  be  expressed  in  the  title.  But  if  any  sub- 
ject shall  be  embraced  in  an  act  which  shall  not  be  expressed  in 
the  title,  such  act  shall  be  void  only  as  to  so  much  thereof  as  shall 
not  be  so  expressed;  and  no  law  shall  be  revived  or  amended  by 
reference  to  its  title  only,  but  the  law  revived,  or  the  section 
amended,  shall  be  inserted  at  length  in  the  new  act.  And  no  act 
of  the  General  Assembly  shall  take  effect  until  the  first  day  of  July 
next  after  its  passage,  unless,  in  case  of  emergency  (which  emer- 
gency shall  be  expressed  in  the  preamble  or  body  of  the  act)  the 
General  Assembly  shall,  by  a  vote  of  two-thirds  of  all  the  mem- 
bers elected  to  each  house,  otherwise  direct. 


PRIVILEGES  AND  DISABILITIES 

SEC.  14.  Senators  and  Representatives  shall,  hi  all  cases,  except 
treason,  felony  or  breach  of  the  peace,  be  privileged  from  arrest 
during  the  session  of  the  General  Assembly,  and  in  going  to  and 
returning  from  the  same ;  and  for  any  speech  or  debate  in  either 
house,  they  shall  not  be  questioned  in  any  other  place. 

SEC.  15.  No  person  elected  to  the  General  Assembly  shall  receive 
any  civil  appointment  within  this  state  from  the  Governor,  the 
Governor  and  Senate,  or  from  the  General  Assembly,  during  the 
term  for  which  he  shall  have  been  elected;  and  all  such  appoint- 
ments, and  all  votes  given  for  any  such  members  for  any  such  office 
or  appointment,  shall  be  void;  nor  shall  any  member  of  the  General 
Assembly  be  interested,  either  directly  or  indirectly,  in  any  contract 
with  the  state,  or  any  county  thereof,  authorized  by  any  law  passed 
during  the  term  for  which  he  shall  have  been  elected,  or  within  one 
year  after  the  expiration  thereof. 


APPENDIX  225 

PUBLIC   MONEYS   AND  APPROPRIATIONS 

SEC.  16.  The  General  Assembly  shall  make  no  appropriation  of 
money  out  of  the  treasury  in  any  private  law.  Bills  making  appro- 
priations for  the  pay  of  members  and  officers  of  the  General  Assem- 
bly, and  for  the  salaries  of  the  officers  of  the  government,  shall 
contain  no  provision  on  any  other  subject. 

SEC.  17.  No  money  shall  be  drawn  from  the  treasury  except  in 
pursuance  of  an  appropriation  made  by  law,  and  on  the  presentation 
of  a  warrant  issued  by  the  auditor  thereon ;  and  no  money  shall  be 
diverted  from  any  appropriation  made  for  any  purpose,  or  taken 
from  any  fund  whatever,  either  by  joint  or  separate  resolution.  The 
auditor  shall,  within  sixty  days  after  the  adjournment  of  each  session 
of  the  General  Assembly,  prepare  and  publish  a  full  statement  of  all 
money  expended  at  such  session,  specifying  the  amount  of  each  item, 
and  to  whom  and  for  what  paid. 

SEC.  18.  Each  General  Assembly  shall  provide  for  all  the  appro- 
priations necessary  for  the  ordinary  and  contingent  expenses  of  the 
government  until  the  expiration  of  the  first  fiscal  quarter  after  the 
adjournment  of  the  next  regular  session,  the  aggregate  amount  of 
which  shall  not  be  increased  without  a  vote  of  two-thirds  of  the 
members  elected  to  each  house,  nor  exceed  the  amount  of  revenue 
authorized  by  law  to  be  raised  in  such  time ;  and  all  appropriations, 
general  or  special,  requiring  money  to  be  paid  out  of  the  state 
treasury,  from  funds  belonging  to  the  state,  shall  end  with  such 
fiscal  quarter.  Provided,  the  state  may,  to  meet  casual  deficits  or 
failures  in  revenues,  contract  debts,  never  to  exceed  in  the  aggregate 
two  hundred  and  fifty  thousand  dollars ;  and  moneys  thus  borrowed 
shall  be  applied  to  the  purpose  for  which  they  were  obtained,  or  to 
pay  the  debt  thus  created,  and  to  no  other  purpose ;  and  no  other 
debt,  except  for  the  purpose  of  repelling  invasion,  suppressing  insur- 
rection, or  defending  the  state  in  war  (for  payment  of  which  the 
faith  of  the  state  shall  be  pledged),  shall  be  contracted,  unless  the 
law  authorizing  the  same  shall,  at  a  general  election,  have  been  sub- 
mitted to  the  people  and  have  received  a  majority  of  the  votes  cast 
for  members  of  the  General  Assembly  at  such  election.  The  General 
Assembly  shall  provide  for  the  publication  of  said  law  for  three 
months,  at  least,  before  the  vote  of  the  people  shall  be  taken  upon 
the  same ;  and  provision  shall  be  made,  at  the  time,  for  the  payment 
of  the  interest  annually,  as  it  shall  acrue,  by  a  tax  levied  for  the 
purpose,  or  from  other  sources  of  revenue ;  which  law,  providing 
for  the  payment  of  such  interest  by  such  tax,  shall  be  irrepealablc 


226  ILLINOIS  AND  THE  NATION 

until  such  debt  be  paid.  And,  provided  further,  that  the  law  levying 
the  tax  shall  be  submitted  to  the  people  with  the  law  authorizing  the 
debt  to  be  contracted. 

SEC.  19.  The  General  Assembly  shall  never  grant  or  authorize 
extra  compensation,  fee,  or  allowance  to  any  public  officer,  agent, 
servant,  or  contractor,  after  service  has  been  rendered  or  a  contract 
made,  nor  authorize  the  payment  of  any  claim,  or  part  thereof,  here- 
after created  against  the  state  under  any  agreement  or  contract  made 
without  express  authority  of  law;  and  all  such  unauthorized  agree- 
ments or  contracts  made  shall  be  null  and  void.  Provided,  the 
General  Assembly  may  make  appropriations  for  expenditures  in- 
curred in  suppressing  insurrection  or  repelling  invasion. 

SEC.  20.  The  state  shall  never  pay,  assume,  or  become  respon- 
sible for  the  debts  or  liabilities  of,  or  in  any  manner  give,  loan,  or 
extend  its  credit  to,  or  in  aid  of,  any  public  or  other  corporation, 
association,  or  individual. 

PAY  OF    MEMBERS 

SEC.  21.  The  members  of  the  General  Assembly  shall  receive 
for  their  services  the  sum  of  five  dollars  per  day,  during  the  first 
session  held  under  this  Constitution,  and  ten  cents  for  each  mile 
necessarily  traveled  in  going  to,  and  returning  from,  "the  seat  of 
government,  to  be  computed  by  the  auditor  of  public  accounts ;  and 
thereafter  such  compensation  as  shall  be  prescribed  by  law,  and  no 
other  allowance  or  emolument,  directly  or  indirectly,  for  any  pur- 
pose whatever,  except  the  sum  of  fifty  dollars  per  session  to  each 
member,  which  shall  be  in  full  for  postage,  stationery,  newspaper, 
and  all  other  incidental  expenses  and  perquisites;  but  no  change 
shall  be  made  in  the  compensation  of  the  General  Assembly  during 
the  term  for  which  they  may  have  been  elected.  The  pay  and  mile- 
age allowed  to  each  member  of  the  General  Assembly  shall  be 
certified  by  the  speakers  of  their  respective  houses,  and  entered  on 
the  journals,  and  published  at  the  close  of  each  session. 

SPECIAL  LEGISLATION  PROHIBITED 

SEC.  22.    The  General  Assembly  shall  not  pass  local  or  special 
laws  in  any  of  the  following  enumerated  cases,  that  is  to  say,  for — 
Granting  divorces ; 

Changing  the  names  of  person's  or  places; 
Laying  out,  opening,  altering,  and  working  roads  or  highways ; 
Vacating  roads,  town  plats,  streets,  alleys,  and  public  grounds; 


APPENDIX  227 

Locating  or  changing  county  seats ; 

Regulating  county  and  township  affairs ; 

Regulating  the  practice  in  courts  of  justice; 

Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace, 
police  magistrates  and  constables; 

Providing  for  changes  of  venue  in  civil  and  criminal  cases ; 

Incorporating  cities,  towns,  or  villages ;  or  changing  or  amending 
the  charter  of  any  town,  city,  or  village; 

Providing  for  the  election  of  members  of  the  board  of  super- 
visors in  townships,  incorporated  towns  or  cities; 

Summoning  and  impaneling  grand  or  petit  juries; 

Providing  for  the  management  of  common  schools; 

Regulating  the  rate  of  interest  on  money; 

The  opening  and  conducting  of  an  election,  or  designating  the 
place  of  voting; 

The  sale  or  mortgage  of  real  estate  belonging  to  minors  or  others 
under  disability; 

The  protection  of  game  or  fish; 

Chartering  or  licensing  ferries  or  toll  bridges; 

Remitting  fines,  penalties  or  forfeitures ; 

Creating,  increasing  or  decreasing  fees,  percentages  or  allowances 
of  public  officers,  during  the  term  for  which  said  officers  are  elected 
or  appointed; 

Changing  the  law  of  descent; 

Granting  to  any  corporation,  association  or  individual  the  right 
to  lay  down  railroad  tracks,  or  amending  existing  charters  for  such 
purpose ; 

Granting  to  any  corporation,  association  or  individual  any  special 
or  exclusive  privilege,  immunity  or  franchise  whatever. 

In  all  other  cases  where  a  general  law  can  be  made  applicable, 
no  special  law  shall  be  enacted. 

SEC.  23.  The  General  Assembly  shall  have  no  power  to  release 
or  extinguish,  in  whole  or  in  part,  the  indebtedness,  liability,  or 
obligation  of  any  corporation  or  individual  to  this  state  or  to  any 
municipal  corporation  therein. 

IMPEACHMENT 

SEC.  24.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment;  but  a  majority  of  all  the  members  elected 
must  concur  therein.  All  impeachments  shall  be  tried  by  the  Senate ; 
and  when  sitting  for  that  purpose,  the  Senators  shall  be  upon  oath  or 


228  ILLINOIS  AND  THE  NATION 

affirmation,  to  do  justice  according  to  law  and  evidence.  When  the 
Governor  of  the  state  is  tried,  the  Chief -Justice  'shall  preside.  No 
person  shall  be  convicted  without  the  concurrence  of  two-thirds  of 
the  Senators  elected.  But  judgment,  in  such  cases,  shall  not  extend 
further  than  removal  from  office,  and  disqualification  to  hold  any 
office  of  honor,  profit  or  trust  under  the  government  of  this  state. 
The  party,  whether  convicted  or  acquitted,  shall,  nevertheless,  be 
liable  to  prosecution,  trial,  judgment,  and  punishment  according  to 
law. 

MISCELLANEOUS 

SEC.  25.  The  General  Assembly  shall  provide,  by  law,  that  the 
fuel,  stationery,  and  printing  paper  furnished  for  the  use  of  the 
state,  the  copying,  printing,  binding  and  distributing  the  laws  and 
journals,  and  all  other  printing  ordered  by  the  General  Assembly, 
shall  be  let  by  contract  to  the  lowest  responsible  bidder;  but  the 
General  Assembly  shall  fix  a  minimum  price ;  and  no  member  thereof, 
or  other  officer  of  the  state,  shall  be  interested,  directly  or  indirectly, 
in  such  contract.  But  all  such  contracts  shall  be  subject  to  the 
approval  of  the  Governor,  and  if  he  disapproves  the  same,  there  shall 
be  a  reletting  of  the  contract,  in  such  manner  as  shall  be  prescribed 
by  law. 

SEC.  26.  The  State  of  Illinois  shall  never  be  made  defendant 
in  any  court  of  law  or  equity. 

SEC.  27.  The  General  Assembly  shall  have  no  power  to  author- 
ize lotteries  or  gift  enterprises,  for  any  purpose,  and  shall  pass  laws 
to  prohibit  the  sale  of  lottery  or  gift  enterprise  tickets  in  this  state. 

SEC.  28.  No  law  shall  be  passed  which  shall  operate  to  extend 
the  term  of  any  public  officer  after  his  election  or  appointment. 

SEC.  29.  It  shall  be  the  duty  of  the  General  Assembly  to  pass 
such  laws  as  may  be  necessary  for  the  protection  of  operative 
miners,  by  providing  for  ventilation,  when  the  same  may  be  re- 
quired, and  the  construction  of  escapement  shafts  or  such  other 
appliances  as  may  secure  safety  in  all  coal  mines,  to  provide  for 
the  enforcement  of  said  laws  by  such  penalties  and  punishments  as 
may  be  deemed  proper. 

SEC.  30.  The  General  Assembly  may  provide  for  establishing 
and  opening  roads  and  cartways,  connected  with  a  public  road,  for 
private  and  public  use. 

SEC.  31.  The  General  Assembly  may  pass  laws  permitting  the 
owners  of  land  to  construct  drains,  ditches  and  levees  for  agricul- 


APPENDIX  229 

tural,  sanitary  or  mining  purposes,  across  the  lands  of  others,  and 
provide  for  the  organization  of  drainage  districts,  and  vest  the  cor- 
porate authorities  thereof  with  power  to  construct  and  maintain 
levees,  drains  and  ditches,  and  to  keep  in  repair  all  drains,  ditches, 
and  levees  heretofore  constructed  under  the  laws  of  this  state,  by 
special  assessments  upon  the  property  benefited  thereby. 

SEC.  32.  The  General  Assembly  shall  pass  liberal  homestead  and 
exemption  laws. 

SEC.  33.  The  General  Assembly  shall  not  appropriate  out  of  the 
state  treasury,  or  expend  on  account  of  the  new  capitol  grounds,  and 
construction,  completion,  and  furnishing  of  the  statehouse,  a  sum 
exceeding,  in  the  aggregate,  three  and  a  half  millions  of  dollars, 
inclusive  of  all  appropriations  heretofore  made,  without  first  sub- 
mitting the  proposition  for  an  additional  expenditure  to  the  legal 
voters  of  the  state,  at  a  general  election ;  nor  unless  a  majority  of 
all  votes  cast  at  such  election  shall  be  for  the  proposed  additional 
expenditure. 

SEC.  34.  The  General  Assembly  shall  have  power,  subject  to 
the  conditions  and  limitations  hereinafter  contained,  to  pass  any 
law  (local,  special,  or  general)  providing  a  scheme  or  charter  of 
local  municipal  government  for  the  territory  now  or  hereafter 
embraced  within  the  limits  of  the  City  of  Chicago.  The  law  or 
laws  so  passed  may  provide  for  consolidating  (in  whole  or  in 
part)  in  the  municipal  government  of  the  City  of  Chicago,  the 
powers  now  vested  in  the  city,  board  of  education,  township,  park 
and  other  local  governments  and  authorities  having  jurisdiction 
confined  to  or  within  said  territory,  or  any  part  thereof,  and  for 
the  assumption  by  the  City  of  Chicago  of  the  debts  and  liabilities 
(in  whole  or  in  part)  of  the  governments  or  corporate  authorities 
whose  functions  within  its  territory  shall  be  vested  in  said  City  of 
Chicago,  and  may  authorize  said  city,  in  the  event  of  its  becoming 
liable  for  the  indebtedness  of  two  or  more  of  the  existing  municipal 
corporations  lying  wholly  within  said  City  of  Chicago,  to  become 
indebted  to  an  amount  (including  its  existing  indebtedness  and 
the  indebtedness  of  all  municipal  corporations  lying  wholly  within 
the  limits  of  said  city,  and  said  city's  proportionate  share  of 
the  indebtedness  of  said  county  and  sanitary  district,  which 
share  shall  be  determined  in  such  manner  as  the  Gen- 
eral Assembly  shall  prescribe)  in  the  aggregate  not  exceeding  5 
per  centum  of  the  full  value  of  the  taxable  property  within  its 
limits  as  ascertained  by  the  last  assessment  either  for  state  or 


230  ILLINOIS  AND  THE  NATION 

municipal  purposes  previous  to  the  incurring  of  such  indebtedness 
(but  no  new  bonded  indebtedness,  other  than  for  refunding  pur- 
poses, shall  be  incurred  until  the  proposition  therefor  shall  be 
consented  to  by  a  majority  of  the  legal  voters  of  said  city  voting 
on  the  question  at  any  election,  general,  municipal  or  special;  and 
may  provide  for  the  assessment  of  property  and  the  levy  and  collec- 
tion of  taxes  within  said  city  for  corporate  purposes  in  accordance 
with  the  principles  of  equality  and  uniformity  prescribed  by  this 
Constitution;  and  may  abolish  all  offices,  the  functions  of  which 
shall  be  otherwise  provided  for;  and  may  provide  for  the  annexa- 
tion of  territory  to  or  disconnection  of  territory  from  said  City  of 
Chicago  by  the  consent  of  a  majority  of  the  legal  voters  (voting  on 
the  question  at  any  election,  general,  municipal  or  special)  of  the 
said  city  and  of  a  majority  of  the  voters  of  such  territory,  voting  on 
the  question  at  any  election,  general,  municipal,  or  special ;  and,  in 
case  the  General  Assembly  shall  create  municipal  courts  in  the  City  of 
Chicago,  it  may  abolish  the  offices  of  justices  of  the  peace,  police 
magistrates  and  constables  in  and  for  the  territory  within  said 
city,  and  may  limit  the  jurisdiction  of  justices  of  the  peace  in  the 
territory  of  said  County  of  Cook  outside  of  said  city  to  that  terri- 
tory, and  in  such  case  the  jurisdiction  and  practice  of  said  munici- 
pal courts  shall  be  such  as  the  General  Assembly  shall  prescribe; 
and  the  General  Assembly  may  pass  all  laws  which  it  may  deem 
requisite  to  effectually  provide  a  complete  system  of  local  municipal 
government  in  and  for  the  City  of  Chicago. 

No  law  based  upon  this  amendment  to  the  Constitution,  affect- 
ing the  municipal  government  of  the  City  of  Chicago,  shall  take 
effect  until  such  law  shall  be  consented  to  by  a  majority  of  the 
legal  voters  of  said  city  voting  on  the  question  at  any  election  (gen- 
eral, municipal,  or  special)  ;  and  no  local  or  special  law  based  upon 
this  amendment  affecting  specially  any  part  of  the  City  of  Chicago 
shall  take  effect  until  consented  to  by  a  majority  of  the  legal  voters 
of  such  part  of  said  city.  Nothing  in  this  section  contained  shall 
be  construed  to  repeal,  amend  or  affect  section  four  (4)  of  article  XI 
of  the  Constitution  of  this  state. 

ARTICLE  V 

EXECUTIVE  DEPARTMENT 

SECTION  i.  The  executive  department  shall  consist  of  a 
Governor,  Lieutenant-Governor,  Secretary  of  State,  Auditor  of 


APPENDIX  231 

Public  Accounts,  Treasurer,  Superintendent  of  Public  Instruction, 
and  Attorney-General,  who  shall  each,  with  the  exception  of  Treas- 
urer, hold  his  office  for  the  term  of  four  years  from  the  second 
Monday  of  January  next  after  his  election,  and  until  his  successor 
is  elected  and  qualified.  They  shall,  except  the  Lieutenant-Governor, 
reside  at  the  seat  of  government  during  the  term  of  office,  and  keep 
the  public  records,  books,  and  papers  there,  and  shall  perform  such 
duties  as  may  be  prescribed  by  law. 

SEC.  2.  The  Treasurer  shall  hold  his  office  for  the  term  of  two 
years,  and  until  his  successor  is  elected  and  qualified;  and  shall  be 
ineligible  to  said  office  for  two  years  next  after  the  end  of  the  term 
for  which  he  was  elected.  He  may  be  required  by  the  Governor  to 
give  reasonable  additional  security,  and  in  default  of  so  doing  his 
office  shall  be  deemed  vacant. 

ELECTION 

SEC.  3.  An  election  for  Governor,  Lieutenant-Governor,  Secre- 
tary of  State,  Auditor  of  Public  Accounts,  and  Attorney-General, 
shall  be  held  on  the  Tuesday  next  after  the  first  Monday  of  Novem- 
ber, in  the  year  of  our  Lord  one  thousand  eight  hundred  and  seventy- 
two,  and  every  four  years  thereafter ;  for  Superintendent  of  Public 
Instruction,  on  the  Tuesday  next  after  the  first  Monday  of  Novem- 
ber, in  the  year  one  thousand  eight  hundred  and  seventy,  and  every 
four  years  thereafter,  and  for  Treasurer  on  the  day  last  above  men- 
tioned, and  every  two  years  thereafter,  at  such  places  and  in  such 
manner  as  may  be  prescribed  by  law. 

SEC.  4.  The  returns  of  every  election  for  the  above  named 
officers  shall  be  sealed  up  and  transmitted,  by  the  returning  officers, 
to  the  Secretary  of  State,  directed  to  "The  Speaker  of  the  House  of 
Representatives,"  who  shall,  immediately  after  the  organization  of 
the  house,  and  before  proceeding  to  other  business,  open  and  publish 
the  same  in  the  presence  of  a  majority  of  each  house  of  the  General 
Assembly,  who  shall  for  that  purpose  assemble  in  the  hall  of  the 
House  of  Representatives.  The  person  having  the  highest  number 
of  votes  for  either  of  said  offices,  shall  be  declared  duly  elected ; 
but  if  two  or  more  have  an  equal,  and  the  highest  number  of  votes, 
the  General  Assembly  shall,  by  joint  ballot,  choose  one  of  such  per- 
sons for  said  office.  Contested  elections  for  all  of  said  offices  shall 
be  determined  by  both  houses  of  the  General  Assembly,  by  joint 
ballot,  in  such  manner  as  may  be  prescribed  by  law. 


232  ILLINOIS  AND  THE  NATION 

ELIGIBILITY 

SEC.  5.  No  person  shall  be  eligible  to  the  office  of  Governor,  or 
Lieutenant-Governor,  who  shall  not  have  attained  the  age  of  thirty 
years,  and  been  for  five  years  next  preceding  his  election,  a  citizen 
of  the  United  States  and  of  this  state.  Neither  the  Governor, 
Lieutenant-Governor,  Auditor  of  Public  Accounts,  Secretary  of 
State,  Superintendent  of  Public  Instruction,  nor  Attorney-General, 
shall  be  eligible  to  any  other  office  during  the  period  for  which  he 
shall  have  been  elected. 


SEC.  6.  The  supreme  executive  power  shall  be  vested  in  the 
Governor,  who  shall  take  care  that  the  laws  be  faithfully  executed. 

SEC.  7.  The  Governor  shall,  at  the  commencement  of  each 
session,  and  at  the  close  of  his  term  of  office,  give  to  the  General 
Assembly  information,  by  message,  of  the  condition  of  the  state,  and 
shall  recommend  such  measures  as  he  shall  deem  expedient.  He 
shall  account  to  the  General  Assembly,  and  accompany  his  message 
with  a  statement  of  all  moneys  received  and  paid  out  by  him  from 
any  funds  subject  to  his  order,  with  vouchers,  and,  at  the  commence- 
ment of  each  regular  session,  present  estimates  of  the  amount  of 
money  required  to  be  raised  by  taxation  for  all  purposes. 

SEC.  8.  The  Governor  may,  on  extraordinary  occasions,  convene 
the  General  Assembly,  by  proclamation,  stating  therein  the  purpose 
for  which  they  are  convened;  and  the  General  Assembly  shall  enter 
upon  no  business  except  that  for  which  they  were  called  together. 

SEC.  9.  In  case  of  disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment,  the  Governor  may,  on  the  same 
being  certified  to  him  by  the  house  first  moving  the  adjournment, 
adjourn  the  General  Assembly  to  such  time  as  he  thinks  proper,  not 
beyond  the  first  day  of  the  next  regular  session. 

SEC.  10.  The  Governor  shall  nominate  and,  by  and  with  the 
advice  and  consent  of  the  Senate  (a  majority  of  all  the  Senators 
elected  concurring  by  yeas  and  nays),  appoint  all  officers  whose 
offices  are  established  by  this  Constitution,  or  which  may  be  created 
by  law,  and  whose  appointment  or  election  is  not  otherwise  provided 
for;  and  no  such  officer  shall  be  appointed  or  elected  by  the  General 
Assembly. 

SEC.  ii.  In  case  of  vacancy,  during  the  recess  of  the  Senate,  in 
any  office  which  is  not  elective,  the  Governor  shall  make  a  temporary 
appointment  until  the  next  meeting  of  the  Senate,  when  he  shall 


APPENDIX  233 

nominate  some  person  to  fill  such  office;  and  any  person  so  nomi- 
nated, who  is  confirmed  by  the  Senate  (a  majority  of  all  the  Sena- 
tors elected  concurring  by  yeas  and  nays),  shall  hold  his  office  during 
the  remainder  of  the  term,  and  until  his  successor  shall  be  appointed 
and  qualified.  No  person,  after  being  rejected  by  the  Senate,  shall 
be  again  nominated  for  the  same  office  at  the  same  session,  unless  at 
the  request  of  the  Senate,  or  be  appointed  to  the  same  office  during 
the  recess  of  the  General  Assembly. 

SEC.  12.  The  Governor  shall  have  power  to  remove  any  officer 
whom  he  may  appoint,  in  case  of  incompetency,  neglect  of  duty,  or 
malfeasance  in  office;  and  he  may  declare  his  office  vacant  and  fill 
the  same  as  is  herein  provided  in  other  cases  of  vacancy. 

SEC.  13.  The  Governor  shall  have  power  to  grant  reprieves, 
commutations  and  pardons,  after  conviction,  for  all  offenses,  sub- 
ject to  such  regulations  as  may  be  provided  by  law  relative  to  the 
manner  of  applying  therefor. 

SEC.  14.  The  Governor  shall  be  Commander-in-Chief  of  the 
military  and  naval  forces  of  the  state  (except  when  they  shall  be 
called  into  the  service  of  the  United  States)  ;  and  may  call  out  the 
same  to  execute  the  laws,  suppress  insurrection,  and  repel  invasion. 

SEC.  15.  The  Governor,  and  all  civil  officers  of  this  state,  shall 
be  liable  to  impeachment  for  any  misdemeanor  in  office. 


SEC.  16.  Every  bill  passed  by  the  General  Assembly  shall,  before 
it  becomes  a  law,  be  presented  to  the  Governor.  If  he  approve,  he 
shall  sign  it,  and  thereupon  it  shall  become  a  law;  but  if  he  do  not 
approve,  he  shall  return  it,  with  his  objections,  to  the  house  in  which 
it  shall  have  originated,  which  house  shall  enter  the  objections  at 
large  upon  its  journal,  and  proceed  to  reconsider  the  bill.  If,  then, 
two-thirds  of  the  members  elected  agree  to  pass  the  same,  it  shall 
be  sent,  together  with  the  objections,  to  the  other  house,  by  which 
it  shall  likewise  be  reconsidered ;  and  if  approved  by  two-thirds  of 
the  members  elected  to  that  house,  it  shall  become  a  law,  notwith- 
standing the  objections  of  the  Governor.  But  in  all  such  cases,  the 
vote  of  each  house  shall  be  determined  by  yeas  and  nays,  to  be 
entered  on  the  journal.  Any  bill  which  shall  not  be  returned  by  the 
Governor  within  ten  days  (Sundays  excepted)  after  it  shall  have 
been  presented  to  him,  shall  become  a  law  in  like  manner  as  if  he  had 
signed  it,  unless  the  General  Assembly  shall,  by  their  adjournment, 


234  ILLINOIS  AND  THE  NATION 

prevent  its  return;  in  which  case  it  shall  be  filed,  with  his  objections, 
in  the  office  of  the  Secretary  of  State,  within  ten  days  after  such 
adjournment,  or  become  a  law. 

LIEUTENANT-GOVERNOR 

SEC.  17.  In  case  of  the  death,  conviction  or  impeachment,  fail- 
ure to  qualify,  resignation,  absence  from  the  state,  or  other  disability 
of  the  Governor,  the  powers,  duties  and  emoluments  of  the  office  for 
the  residue  of  the  term,  or  until  the  disability  shall  be  removed,  shall 
devolve  upon  the  Lieutenant-Governor. 

SEC.  18.  The  Lieutenant-Governor  shall  be  president  of  the 
Senate,  and  shall  vote  only  when  the  Senate  is  equally  divided.  The 
Senate  shall  choose  a  president,  pro  tempore,  to  preside  in  case  of 
the  absence  or  impeachment  of  the  Lieutenant-Governor,  or  when  he 
shall  hold  the  office  of  Governor. 

SEC.  19.  If  there  be  no  Lieutenant-Governor,  or  if  the  Lieu- 
tenant-Governor shall,  for  any  of  the  causes  specified  in  section 
seventeen  of  this  article,  become  incapable  of  performing  the  duties 
of  the  office,  the  president  of  the  Senate  shall  act  as  Governor  until 
the  vacancy  is  filled  or  the  disability  removed ;  and  if  the  president 
of  the  Senate,  for  any  of  the  above  named  causes,  shall  become 
incapable  of  performing  the  duties  of  Governor,  the  same  shall 
devolve  upon  the  Speaker  ot  the  House  of  Representatives. 

OTHER  STATE  OFFICERS 

SEC.  20.  If  the  office  of  Auditor  of  Public  Accounts,  Treasurer, 
Secretary  of  State,  Attorney-General,  or  Superintendent  of  Public 
Instruction  shall  be  vacated  by  death,  resignation  or  otherwise,  it 
shall  be  the  duty  of  the  Governor  to  fill  the  same  by  appointment, 
and  the  appointee  shall  hold  his  office  until  his  successor  shall  be 
elected  and  qualified  in  such  manner  as  may  be  provided  by  law.  An 
account  shall  be  kept  by  the  officers  of  the  executive  department,  and 
of  all  the  public  institutions  of  the  state,  of  all  moneys  received  or 
disbursed  by  them,  severally,  from  all  sources,  and  for  every  service 
performed,  and  a  semi-annual  report  thereof  be  made  to  the  Gov- 
ernor, under  oath ;  and  any  officer  who  shall  make  a  false  report 
shall  be  guilty  of  perjury,  and  be  punished  accordingly. 

SEC.  21.  The  officers  of  the  executive  department,  and  of  all  the 
public  institutions  of  the  state,  shall,  at  least  ten  days  preceding  each 
regular  session  of  the  General  Assembly,  severally  report  to  the 
Governor,  who  shall  submit  such  reports  to  the  General  Assembly, 


APPENDIX  235 

together  with  the  reports  of  the  judges  of  the  supreme  court,  of 
defects  in  the  Constitution  and  laws ;  and  the  Governor  may  at  any 
time  require  information,  in  writing,  under  oath,  from  the  officers  of 
the  executive  department,  and  all  officers  and  managers  of  state  insti- 
tutions, upon  any  subject  relating  to  the  conditions,  management  and 
expenses  of  their  respective  offices. 

THE   SEAL  OF  STATE 

SEC.  22.  There  shall  be  a  seal  of  the  state,  which  shall  be  called 
the  "Great  Seal  of  the  State  of  Illinois,"  which  shall  be  kept  by  the 
Secretary  of  State,  and  used  by  him,  officially,  as  directed  by  law. 

FEES   AND   SALARIES 

SEC.  23.  The  officers  named  in  this  article  shall  receive  for  their 
services  a  salary,  to  be  established  by  law,  which  shall  not  be  in- 
creased or  diminished  during  their  official  terms,  and  they  shall  not, 
after  the  expiration  of  the  terms  of  those  in  office  at  the  adoption  of 
this  Constitution,  receive  to  their  own  use  any  fees,  costs,  perquisites 
of  office,  or  other  compensation.  And  all  fees  that  may  hereafter  be 
payable  by  law  for  any  services  performed  by  any  officer  provided 
for  in  this  article  of  the  Constitution,  shall  be  paid  in  advance  into 
the  state  treasury. 

DEFINITION  AND  OATH  OF  OFFICE 

SEC.  24.  An  office  is  a  public  position  created  by  the  Constitu- 
tion or  law,  continuing  during  the  pleasure  of  the  appointing  power, 
or  for  a  fixed  time,  with  a  successor  elected  or  appointed.  An 
employment  is  an  agency  for  a  temporary  purpose,  which  ceases  when 
that  purpose  is  accomplished. 

SEC.  25.  All  civil  officers,  except  members  of  the  General 
Assembly  and  such  inferior  officers  as  may  be  by  law  exempted, 
shall,  before  they  enter  on  the  duties  of  their  respective  offices,  take 
and  subscribe  the  following  oath  or  affirmation : 

"I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will  support 
the  Constitution  of  the  United  States,  and  the  Constitution  of  the  State  of 

Illinois,  and  that  I  will  faithfully  discharge  the  duties  of  the  office  of . 

according  to  the  best  of  my  ability." 

And  no  other  oath,  declaration,  or  test  shall  be  required  as  a 

qualification. 


236  ILLINOIS  AND  THE  NATION 

ARTICLE  VI 

JUDICIAL  DEPARTMENT 

SECTION  i.  The  judicial  powers,  except  as  in  this  article  is 
otherwise  provided,  shall  be  vested  in  one  supreme  court,  circuit 
courts,  county  courts,  justices  of  the  peace,  police  magistrates,  and 
in  such  courts  as  may  be  created  by  law  in  and  for  cities  and 
incorporated  towns. 

SUPREME  COURT 

SEC.  2,.  The  supreme  court  shall  consist  of  seven  judges,  and 
shall  have  original  jurisdiction  in  cases  relating  to  the  revenue,  in 
mandamus  and  habeas  corpus,  and  appellate  jurisdiction  in  all  other 
cases.  One  of  said  judges  shall  be  chief-justice;  four  shall  consti- 
tute a  quorum,  and  the  concurrence  of  four  shall  be  necessary  to 
every  decision. 

SEC.  3.  No  person  shall  be  eligible  to  the  office  of  judge  of  the 
supreme  court  unless  he  shall  be  at  least  thirty  years  of  age,  and  a 
citizen  of  the  United  States,  nor  unless  he  shall  have  resided  in  this 
state  five  years  next  preceding  his  election,  and  be  a  resident  of  the 
district  in  which  he  shall  be  elected. 

SEC.  4.  Terms  of  the  supreme  court  shall  continue  to  be  held  in 
the  present  grand  divisions  at  the  several  places  now  provided  for 
holding  the  same ;  and  until  otherwise  provided  by  law,  one  or  more 
terms  of  said  court  shall  be  held,  for  the  northern  division,  in  the 
City  of  Chicago  each  year  at  such  times  as  said  court  may  appoint, 
whenever  said  city  or  the  County  of  Cook  shall  appoint  appropriate 
rooms  therefor,  and  the  use  of  a  suitable  library,  without  expense  to 
the  state.  The  judicial  divisions  may  be  altered,  increased  or  dimin- 
ished in  number,  and  the  times  and  places  of  holding  said  court  may 
be  changed  by  law. 

SEC.  5.  The  present  grand  divisions  shall  be  preserved,  and  be 
denominated  Southern,  Central  and  Northern,  until  otherwise  pro- 
vided by  law.  The  state  shall  be  divided  into  seven  districts  for  the 
election  of  judges,  and  until  otherwise  provided  by  law,  they  shall 
be  as  follows : 

First  District.  The  counties  of  St.  Clair,  Clinton,  Washington, 
Jefferson,  Wayne,  Edwards,  Wabash,  White,  Hamilton,  Franklin, 
Perry,  Randolph,  Monroe,  Jackson,  Williamson,  Saline,  Gallatin, 
Hardin,  Pope,  Union,  Johnson,  Alexander,  Pulaski,  and  Massac. 

Second  District.  The  counties  of  Madison,  Bond,  Marion,  Clay, 
Richland,  Lawrence,  Crawford,  Jasper,  Effingham,  Fayette,  Mont- 


APPENDIX  237 

gomery,  Macoupin,  Shelby,  Cumberland,  Clarke,  Greene,  Jersey, 
Calhoun,  and  Christian. 

Third  District.  The  counties  of  Sangamoh,  Macon,  Logan,  De 
Witt,  Piatt,  Douglas,  Champaign,  Vermilion,  McLean,  Livingston, 
Ford,  Iroquois,  Coles,  Edgar,  Moultrie,  and  Tazewell. 

Fourth  District.  The  counties  of  Fulton,  McDonough,  Hancock, 
Schuyler,  Brown,  Adams,  Pike,  Mason,  Menard,  Morgan,  Cass,  and 
Scott. 

Fifth  District.  The  counties  of  Knox,  Warren,  Henderson, 
Mercer,  Henry,  Stark,  Peoria,  Marshall,  Putnam,  Bureau,  LaSalle, 
Grundy,  and  Woodford. 

Sixth  District.  The  counties  of  Whiteside,  Carroll,  Jo  Daviess, 
Stephenson,  Winnebago,  Boone,  McHenry,  Kane,  Kendall,  DeKalb, 
Lee,  Ogle,  and  Rock  Island. 

Seventh  District.  The  counties  of  Lake,  Cook,  Will,  Kankakee, 
and  DuPage. 

The  boundaries  of  the  districts  may  be  changed  at  the  session  of 
the  General  Assembly  next  preceding  the  election  for  judges  therein, 
and  at  no  other  time;  but  whenever  such  alterations  shall  be  made, 
the  same  shall  be  upon  the  rule  of  equality  of  population,  as  nearly 
as  county  boundaries  will  allow,  and  the  districts  shall  be  composed 
of  contiguous  counties,  in  as  nearly  compact  form  as  circumstances 
will  permit.  The  alteration  of  the  districts  shall  not  affect  the  tenure 
of  office  of  any  judge. 

SEC.  6.  At  the  time  of  voting  on  the  adoption  of  this  Constitu- 
tion, one  judge  of  the  supreme  court  shall  be  elected  by  the  electors 
thereof,  in  each  of  said  districts  numbered  two,  three,  six  and  seven, 
who  shall  hold  his  office  for  the  term  of  nine  years  from  the  first 
Monday  of  June,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  seventy.  The  term  of  office  of  judges  of  the  supreme  court, 
elected  after  the  adoption  of  this  Constitution,  shall  be  nine  years ; 
and  on  the  first  Monday  of  June  of  the  year  in  which  the  term  of 
any  of  the  judges  in  the  office  at  the  adoption  of  this  Constitution, 
or  of  the  judges  then  elected,  shall  expire,  and  every  nine  years 
thereafter,  there  shall  be  an  election  for  the  successor  or  successors 
of  such  judges,  in  the  respective  districts  wherein  the  term  of  such 
judges  shall  expire.  The  chief-justice  shall  continue  to  act  as  such 
until  the  expiration  of  the  term  for  which  he  was  elected,  after 
which  the  judges  shall  choose  one  of  their  number  chief -justice. 

SEC.  7.  From  and  after  the  adoption  of  this  Constitution,  the 
judges  of  the  supreme  court  shall  each  receive  a  salary  of  four  thou- 


238  ILLINOIS  AND  THE  NATION 

sand  dollars  per  annum,  payable  quarterly,  until  otherwise  provided 
by  law.  And  after  said  salaries  shall  be  fixed  by  law,  the  salaries 
of  the  judges  in  office  shall  not  be  increased  or  diminished  during 
the  term  for  which  said  judges  shall  have  been  elected. 

SEC.  8.  Appeals  and  writs  of  error  may  be  taken  to  the  supreme 
court,  held  in  the  grand  division  in  which  the  case  is  decided,  or,  by 
consent  of  the  parties,  to  any  other  grand  division. 

SEC.  9.  The  supreme  court  shall  appoint  one  reporter  of  its 
decisions,  who  shall  hold  his  office  for  six  years,  subject  to  removal 
by  the  court. 

SEC.  10.  At  the  time  of  the  election  for  Representatives  in  the 
General  Assembly,  happening  next  preceding  the  expiration  of  the 
terms  of  office  of  the  present  clerks  of  said  court,  one  clerk  of  said 
court,  for  each  division  shall  be  elected,  whose  term  of  office  shall 
be  six  years  from  said  election,  but  who  shall  not  enter  upon  the 
duties  of  his  office  until  the  expiration  of  the  term  of  his  prede- 
cessor, and  every  six  years  thereafter  one  clerk  of  said  court  for 
each  division  shall  be  elected. 

APPELLATE  COURTS 

SEC.  II.  After  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  seventy-four,  inferior  appellate  courts,  of  uniform  organi- 
zation and  jurisdiction,  may  be  created  in  districts  formed  for  that 
purpose,  to  which  such  appeals  and  writs  of  error  as  the  General 
Assembly  may  provide,  may  be  prosecuted  from  circuit  or  other 
courts,  and  from  which  appeals  and  writs  of  error  shall  lie  to  the 
supreme  court,  in  all  criminal  cases,  and  cases  in  which  a  franchise, 
or  freehold,  or  the  validity  of  a  statute  is  involved,  and  in  such  other 
cases  as  may  be  provided  by  law.  Such  appellate  courts  shall  be 
held  by  such  number  of  judges  of  the  circuit  courts,  and  at  such 
times  and  places,  and  in  such  manner  as  may  be  provided  by  law ; 
but  no  judge  shall  sit  in  review  upon  cases  decided  by  him;  nor 
shall  said  judges  receive  any  additional  compensation  for  such 
services. 

CIRCUIT  COURTS 

SEC.  12.  The  circuit  courts  shall  have  original  jurisdiction  of 
all  causes  in  law  and  equity,  and  such  appellate  jurisdiction  as  is  or 
may  be  provided  by  law,  and  shall  hold  two  or  more  terms  each 
year  in  every  county.  The  terms  of  office  of  judges  of  circuit  courts 
shall  be  six  years. 

SEC.  13.     The  state,  exclusive  of  the  County  of  Cook  and  other 


APPENDIX  239 

counties  having  a  population  of  one  hundred  thousand,  shall  be 
divided  into  judicial  circuits,  prior  to  the  expiration  of  the  terms  of 
office  of  the  present  judges  of  the  circuit  courts.  Such  circuits  shall 
be  formed  of  contiguous  counties,  in  as  nearly  compact  form  and 
as  nearly  equal  as  circumstances  will  permit,  having  due  regard  to 
business,  territory,  and  population,  and  shall  not  exceed  in  number 
one  circuit  for  every  one  hundred  thousand  of  population  in  the  state. 
One  judge  shall  be  elected  for  each  of  said  circuits  by  the  electors 
thereof.  New  circuits  may  be  formed  and  the  boundaries  of  circuits 
changed  by  the  General  Assembly,  at  its  session  next  preceding  the 
election  for  circuit  judges,  but  at  no  other  time:  Provided,  that  the 
circuits  may  be  equalized  or  changed  at  the  first  session  of  the 
General  Assembly  after  the  adoption  of  this  Constitution.  The 
creation,  alteration  or  change  of  any  circuit  shall  not  affect  the 
tenure  of  office  of  any  judge.  Whenever  the  business  of  the  cir- 
cuit court  of  any  one,  or  of  two  or  more  contiguous  counties,  con- 
taining a  population  exceeding  fifty  thousand,  shall  occupy  nine 
months  of  the  year,  the  General  Assembly  may  make  of  such  county, 
or  counties,  a  separate  circuit.  Whenever  additional  circuits  are 
created,  the  foregoing  limitations  shall  be  observed. 

SEC.  14.  The  General  Assembly  shall  provide  for  the  times  of 
holding  court  in  each  county ;  which  shall  not  be  changed,  except 
by  the  General  Assembly  next  preceding  the  general  election  for 
judges  of  said  courts;  but  additional  terms  may  be  provided  for  in 
any  county.  The  election  for  judges  of  the  circuit  courts  shall  be 
held  on  the  first  Monday  in  June,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  seventy-three,  and  every  six  years  thereafter. 

SEC.  15.  The  General  Assembly  may  divide  the  state  into  judi- 
cial circuits  of  greater  population  and  territory,  in  lieu  of  the  circuits 
provided  for  in  section  thirteen  of  this  article,  and  provide  for  the 
election  therein,  severally,  by  the  electors  thereof,  by  general  ticket, 
of  not  exceeding  four  judges,  who  shall  hold  the  circuit  courts  in 
the  circuit  for  which  they  shall  be  elected,  in  such  manner  as  may 
be  provided  by  law. 

SEC.  16.  From  and  after  the  adoption  of  this  Constitution, 
judges  of  the  circuit  courts  shall  receive  a  salary  of  three  thousand 
dollars  per  annum,  payable  quarterly,  until  otherwise  provided  by 
law.  And  after  their  salaries  shall  be  fixed  by  law,  they  shall  not 
be  increased  or  diminished  during  the  terms  for  which  said  judges 
shall  be  respectively  elected ;  and  from  and  after  the  adoption  of  this 
Constitution,  no  judge  of  the  supreme  or  circuit  court  shall  receive 


240  ILLINOIS  AND  THE  NATION 

any  other  compensation,  perquisite  or  benefit,  in  any  form  whatso- 
ever, nor  perform  any  other  than  judicial  duties  to  which  may  belong 
any  emoluments. 

SEC.  17.  No  person  shall  be  eligible  to  the  office  of  judge  of  the 
circuit  or  any  inferior  court,  or  to  membership  in  the  "board  of 
county  commissioners,"  unless  he  shall  be  at  least  twenty-five  years 
of  age,  and  a  citizen  of  the  United  States,  nor  unless  he  shall  have 
resided  in  this  state  five  years  next  preceding  his  election,  and  be  a 
resident  of  the  circuit,  county,  city,  cities,  or  incorporated  town  in 
which  he  shall  be  elected. 

COUNTY  COURTS 

SEC.  18.  There  shall  be  elected  in  and  for  each  county,  one 
county  judge  and  one  clerk  of  the  county  court,  whose  terms  of 
office  shall  be  four  years.  But  the  General  Assembly  may  create 
districts  of  two  or  more  contiguous  counties,  in  each  of  which  shall 
be  elected  one  judge,  who  shall  take  the  place  of,  and  exercise  the 
powers  and  jurisdiction  of  county  judges  in  such  districts.  County 
courts  shall  be  courts  of  records,  and  shall  have  original  jurisdic- 
tion in  all  matters  of  probate;  settlement  of  estates  of  deceased 
persons,  appointments  of  guardians  and  conservators,  and  settle- 
ments of  their  accounts ;  in  all  matters  relating  to  apprentices ;  and 
in  proceedings  for  the  collection  of  taxes  and  assessments,  and  such 
other  jurisdiction  as  may  be  provided  for  by  general  law. 

SEC.  19.  Appeals  and  writs  of  error  shall  be  allowed  from  final 
determinations  of  county  courts,  as  may  be  provided  by  law. 

PROBATE  COURTS 

SEC.  20.  The  General  Assembly  may  provide  for  the  establish- 
ment of  a  probate  court  in  each  county  having  a  population  of  over 
fifty  thousand,  and  for  the  election  of  a  judge  thereof,  whose  term 
of  office  shall  be  the  same  as  that  of  the  county  judge,  and  who  shall 
be  elected  at  the  same  time  and  in  the  same  manner.  Said  courts, 
when  established,  shall  have  original  jurisdiction  of  all  probate 
matters,  the  settlement  of  estates  of  deceased  persons,  the  appoint- 
ment of  guardians  and  conservators,  and  settlements  of  their  ac- 
counts ;  in  all  matters  relating  to  apprentices,  and  in  cases  of  sales 
of  real  estate  of  deceased  persons  for  the  payment  of  debts. 

JUSTICES   OF  THE  PEACE  AND  CONSTABLES 

SEC.  21.  Justices  of  the  peace,  police  magistrates,  and  constables 
shall  be  elected  in  and  for  such  districts  as  are,  or  may  be,  provided 


APPENDIX  241 

by  law,  and  the  jurisdiction  of  such  justices  of  the  peace  and  police 
magistrates  shall  be  uniform. 

STATE'S  ATTORNEY 

SEC.  22.  At  the  election  for  members  of  the  General  Assembly 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  seventy- 
two,  and  every  four  years  thereafter,  there  shall  be  elected  a  state's 
attorney  in  and  for  each  county,  in  lieu  of  the  state's  attorneys 
now  provided  by  law,  whose  term  of  office  -shall  be  four  years. 

COURTS   OF  COOK   COUNTY 

SEC.  23.  The  County  of  Cook  shall  be  one  judicial  circuit.  The 
circuit  court  of  Cook  County  shall  consist  of  five  judges,  until  their 
number  shall  be  increased,  as  herein  provided.  The  present  judge 
of  the  recorder's  court  of  the  City  of  Chicago,  and  the  present 
judge  of  the  circuit  court  of  Cook  County  shall  be  two  of  said 
judges,  and  shall  remain  in  office  for  the  terms  for  which  they  were 
respectively  elected,  and  until  their  successors  shall  be  elected  and 
qualified.  The  superior  court  of  Chicago  shall  be  continued  and 
called  the  "Superior  Court  of  Cook  County."  The  General  Assem- 
bly may  increase  the  number  of  said  judges,  by  adding  one  to 
either  of  said  courts  for  every  additional  fifty  thousand  inhabitants 
in  said  county  over  and  above  a  population  of  four  hundred  thou- 
sand. The  terms  of  office  of  the  judges  of  said  courts,  hereinafter 
elected,  shall  be  six  years. 

SEC.  24.  The  judge  having  the  shortest  unexpired  term  shall  be 
chief-justice  of  the  court  of  which  he  is  a  judge.  In  case  there  are 
two  or  more  whose  terms  expire  at  the  same  time,  it  may  be  deter- 
mined by  lot  which  shall  be  chief-justice.  Any  judge  of  either  of 
said  courts  shall  have  all  the  powers  of  a  circuit  judge,  and  may 
hold  the  court  of  which  he  is  a  member.  Each  of  them  may  hold  a 
different  branch  thereof  at  the  same  time. 

SEC.  25.  The  judges  of  the  superior  and  circuit  courts,  and  the 
state's  attorney,  in  said  county,  shall  receive  the  same  salaries,  pay- 
able out  of  the  state  treasury,  as  is  or  may  be  paid  from  said  treas- 
ury to  the  circuit  judges  and  state's  attorneys  of  the  state,  and 
such  further  compensation,  to  be  paid  by  the  County  of  Cook,  as  is 
or  may  be  provided  by  law.  Such  compensation  shall  not  be  changed 
during  their  continuance  in  office. 

SEC.  26.  The  recorder's  court  of  the  City  of  Chicago  shall  be 
continued,  and  shall  be  called  the  "Criminal  Court  of  Cook  County." 
It  shall  have  the  jurisdiction  of  a  circuit  court  in  all  cases  of  crim- 


242  ILLINOIS  AND  THE  NATION 

inal  and  quasi  criminal  nature,  arising  in  the  County  of  Cook,  or 
that  may  be  brought  before  said  court  pursuant  to  law ;  and  all  recog- 
nizances and  appeals  taken  in  said  county,  in  criminal  and  quasi 
criminal  cases  shall  be  returnable  and  taken  to  said  court.  It  shall 
have  no  jurisdiction  in  civil  cases,  except  in  those  on  behalf  of  the 
people,  and  incident  to  such  criminal  or  quasi  criminal  matters,  and 
to  dispose  of  unfinished  business.  The  terms  of  said  Criminal  Court 
of  Cook  County  shall  be  held  by  one  or  more  of  the  judges  of  the 
circuit  or  superior  court  of  Cook  County,  as  nearly  as  may  be  in 
alternation,  as  may  be  determined  by  said  judges,  or  provided  by 
law.  Said  judges  shall  be  ex-officio  judges  of  said  court. 

SEC.  27.  The  present  clerk  of  the  recorder's  court  of  the  City 
of  Chicago  shall  be  the  clerk  of  the  Criminal  Court  of  Cook  County, 
during  the  term  for  which  he  was  elected.  The  present  clerks  of 
the  superior  court  of  Chicago,  and  the  present  clerk  of  the  circuit 
court  of  Cook  County,  shall  continue  in  office  during  the  terms  for 
which  they  were  respectively  elected ;  and  thereafter  there  shall  be 
but  one  clerk  of  the  superior  court,  to  be  elected  by  the  qualified 
electors  of  said  county,  who  shall  hold  his  office  for  the  term  of  four 
years,  and  until  his  successor  is  elected  and  qualified. 

SEC.  28.  All  justices  of  the  peace  in  the  City  of  Chicago  shall 
be  appointed  by  the  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate  (but  only  upon  the  recommendation  of  a  majority  of 
the  judges  of  the  circuit,  superior  and  county  courts),  and  for  such 
districts  as  are  now  or  shall  hereafter  be  provided  by  law.  They 
shall  hold  their  offices  for  four  years,  and  until  their  successors  have 
been  commissionend  and  qualified,  but  they  may  be  removed  by  sum- 
mary proceeding  in  the  circuit  or  superior  court,  for  extortion  or 
other  malfeasance.  Existing  justices  of  the  peace  and  police  mag- 
istrates may  hold  their  offices  until  the  expiration  of  their  respective 
terms. 

GENERAL   PROVISIONS 

SEC.  29.  All  judicial  officers  shall  be  commissioned  by  the 
Governor.  All  laws  relating  to  courts  shall  be  general,  and  of 
uniform  operation;  and  the  organization,  jurisdiction,  powers,  pro- 
ceedings, and  practice  of  all  courts,  of  the  same  class  or  grade,  so 
far  as  regulated  by  law,  and  the  force  and  effect  of  the  process, 
judgments  and  decrees  of  such  courts,  severally,  shall  be  uniform. 

SEC.  30.  The  General  Assembly  may,  for  cause  entered  on  the 
journals,  upon  due  notice  and  opportunity  of  defense,  remove  from 
office  any  judge,  upon  concurrence  of  three-fourths  of  all  the  mem- 


APPENDIX  243 

bers  elected,  of  each  house.  All  other  officers  in  this  article  men- 
tioned shall  be  removed  from  office  on  prosecution  and  final 
conviction,  for  misdemeanor  in  office. 

SEC.  31.  All  judges  of  courts  of  record,  inferior  to  the  supreme 
court,  shall,  on  or  before  the  first  day  of  June,  of  each  year,  report 
in  writing  to  the  judges  of  the  supreme  court,  such  defects  and 
omissions  in  the  laws  as  their  experience  may  suggest;  and  the 
judges  of  the  supreme  court  shall,  on  or  before  the  first  day  of 
January,  of  each  year,  report  in  writing  to  the  Governor  such  de- 
fects and  omissions  in  the  Constitution  and  laws  as  they  may  find 
to  exist,  together  with  appropriate  forms  of  bills  to  cure  such  defects 
and  omissions  in  the  laws.  And  the  judges  of  the  several  circuit 
courts  shall  report  to  the  next  General'  Assembly,  the  number  of 
days  they  have  held  court  in  the  several  counties  composing  their 
respective  circuits,  the  preceding  two  years. 

SEC.  32.  All  officers  provided  for  in  this  article  shall  hold  their 
offices  until  their  successors  shall  be  qualified,  and  they  shall,  respec- 
tively, reside  in  the  division,  circuit,  county  or  district  for  which 
they  may  be  elected  or  appointed.  The  term  of  office  of  all  such 
officers,  where  not  otherwise  prescribed  in  this  article,  shall  be  four 
years.  All  officers,  where  not  otherwise  provided  for  in  this  article, 
shall  perform  such  duties  and  receive  such  compensation  as  is,  or 
may  be,  provided  by  law.  Vacancies  in  such  elective  offices  shall  be 
filled  by  election ;  but  where  the  unexpired  term  does  not  exceed  one 
year,  the  vacancy  shall  be  filled  by  appointment,  as  follows:  Of 
judges,  by  the  Governor;  of  clerks  of  courts,  by  the  court  to  which 
the  office  appertains,  or  by  the  judge  or  judges  thereof;  and  of  all 
such  other  offices,  by  the  board  of  supervisors,  or  board  of  county 
commissioners,  in  the  county  where  the  vacancy  occurs. 

SEC.  33.  All  process  shall  run :  In  the  name  of  the  people  of 
the  State  of  Illinois;  and  all  prosecutions  shall  be  carried  on :  In  the 
name  and  by  the  authority  of  the  People  of  the  State  of  Illinois; 
and  conclude:  Against  the  peace  and  dignity  of  the  same.  "Popu- 
lation," wherever  used  in  this  article,  shall  be  determined  by  the 
next  preceding  census  of  this  state,  or  of  the  United  States. 

ARTICLE   VII 

SUFFRAGE 

SECTION  i.  Every  person  having  resided  in  this  state  one 
year,  in  the  county  ninety  days,  and  in  the  election  district  thirty 
days  next  preceding  any  election  therein,  who  was  an  elector  in  this 


244  ILLINOIS  AND  THE  NATION 

state  on  the  first  day  of  April,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  forty-eight,  or  obtained  a  certificate  of 
naturalization,  before  any  court  of  record  in  this  state,  prior  to  the 
first  day  of  January,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  seventy,  or  who  shall  be  a  male  citizen  of  the  United 
States,  above  the  age  of  twenty-one  years,  shall  be  entitled  to  vote 
at  such  election. 

SEC.  2.    All  votes  shall  be  by  ballot. 

SEC.  3.  Electors  shall,  in  all  cases  except  treason,  felony,  or 
breach  of  the  peace,  be  privileged  from  arrest  during  their  attend- 
ance at  elections,  and  in  going  to  and  returning  from  the  same.  And 
no  elector  shall  be  obliged  to  do  military  duty  on  the  days  of  election, 
except  in  time  of  war  or  public  danger. 

SEC.  4.  No  elector  shall  be  deemed  to  have  lost  his  residence  in 
this  state  by  reason  of  his  absence  on  the  business  of  the  United 
States,  or  of  this  state,  or  in  the  military  or  naval  service  of  the 
United  States. 

SEC.  5.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of 
the  United  States,  shall  be  deemed  a  resident  of  this  state  in  conse- 
quence of  being  stationed  therein. 

SEC.  6.  No  person  shall  be  elected  or  appointed  to  any  office 
in  this  state,  civil  or  military,  who  is  not  a  citizen  of  the  United 
States,  and  who  shall  not  have  resided  in  this  state  one  year  next 
preceding  the  election  or  appointment. 

SEC.  7.  The  General  Assembly  shall  pass  laws  excluding  from 
the  right  of  suffrage  persons  convicted  of  infamous  crimes. 

ARTICLE   VIII 

EDUCATION 

SECTION  I.  The  General  Assembly  shall  provide  a  thorough 
and  efficient  system  of  free  schools,  whereby  all  children  of  this  state 
may  receive  a  good  common  school  education. 

SEC.  2.  All  lands,  moneys,  or  other  property,  donated,  granted, 
or  received  for  school,  college,  seminary  or  university  purposes,  and 
the  proceeds  thereof,  shall  be  faithfully  applied  to  the  objects  for 
which  such  gifts  or  grants  were  made. 

SEC.  3.  Neither  the  General  Assembly  nor  any  county,  city, 
town,  township,  school  district,  or  other  public  corporation,  shall 
ever  make  any  appropriation  or  pay  from  any  public  fund  whatever, 
anything  in  aid  of  any  church  or  sectarian  purpose,  or  to  help  sup- 


APPENDIX  245 

port  or  sustain  any  school,  academy,  seminary,  college,  university,  or 
other  literary  or  scientific  institution,  controlled  by  any  church  or 
sectarian  denomination  whatever;  nor  shall  any  grant  or  donation 
of  land,  money,  or  other  personal  property  ever  be  made  by  the 
state,  or  any  such  public  corporation,  to  any  church,  or  for  any 
sectarian  purpose. 

SEC.  4.  No  teacher,  state,  county,  township,  or  district  school 
officer  shall  be  interested  in  the  sale,  proceeds,  or  profits  of  any  book, 
apparatus,  or  furniture,  used  or  to  be  used,  in  any  school  in  this 
state,  with  which  such  officer  or  teacher  may  be  connected,  under 
such  penalties  as  may  be  provided  by  the  General  Assembly. 

SEC.  5.  There  may  be  a  county  superintendent  of  schools  in 
each  county  whose  qualifications,  powers,  duties,  compensation,  and 
time  and  manner  of  election,  and  term  of  office,  shall  be  prescribed 
by  law. 

ARTICLE   IX 

REVENUE 

SECTION  i.  The  General  Assembly  shall  provide  such  revenue 
as  may  be  needful  by  levying  a  tax,  by  valuation,  so  that  every  per- 
son and  corporation  shall  pay  a  tax  in  proportion  to  the  value  of 
his,  her,  or  its  property — such  value  to  be  ascertained  by  some  person 
or  persons,  to  be  elected  or  appointed  in  such  manner  as  the  General 
Assembly  shall  direct  and  not  otherwise;  but  the  General  Assembly 
shall  have  power  to  tax  peddlers,  auctioneers,  brokers,  hawkers, 
merchants,  commission  merchants,  showmen,  jugglers,  inn-keepers, 
grocery-keepers,  liquor-dealers,  toll-bridges,  ferries,  insurance,  tele- 
graph and  express  interests  or  business,  venders  of  patents,  and 
persons  or  corporations  owning  or  using  franchises  and  privileges, 
in  such  manner  as  it  shall,  from  time  to  time,  direct  by  general  law, 
uniform  as  to  the  class  upon  which  it  operates. 

SEC.  2.  The  specification  of  the  objects  and  subjects  of  taxation 
shall  not  deprive  the  General  Assembly  of  the  power  to  require 
other  subjects  or  objects  to  be  taxed,  in  such  manner  as  may  be 
consistent  with  the  principles  of  taxation  fixed  in  this  Constitution. 

SEC.  3.  The  property  of  the  state,  counties,  and  other  munici- 
pal corporations,  both  real  and  personal,  and  such  other  property, 
as  may  be  used  exclusively  for  agricultural  and  horticultural  socie- 
ties, for  school,  religious,  cemetery  and  charitable  purposes,  may  be 
exempted  from  taxation ;  but  such  exemption  shall  be  only  by  general 
law.  In  the  assessment  of  real  estate  incumbered  by  public  ease- 


24C  ILLINOIS  AND  THE  NATION 

ment,  any  depreciation  occasioned  by  such  easement  may  be  deducted 
in  the  valuation  of  such  property. 

SEC.  4.  The  General  Assembly  shall  provide,  in  all  cases  where 
it  may  be  necessary  to  sell  real  estate  for  the  non-payment  of  taxes 
or  special  assessments,  for  state,  county,  municipal  or  other  pur- 
poses, that  a  return  of  such  unpaid  taxes  or  assessments  shall  be 
made  to  some  general  officer  of  the  county,  having  authority  to 
receive  state  and  county  taxes;  and  there  shall  be  no. sale  of  said 
property  for  any  of  said  taxes  or  assessments  but  by  said'  officer, 
upon  the  order  or  j-udgment  of  some  court  of  record. 

SEC.  5.  The  right  of  redemption  from  all  sales  of  real  estate, 
for  the  non-payment  of  taxes  or  special  assessments  of  any  charac- 
ter whatever  shall  exist  in  favor  of  owners  and  persons  interested 
in  such  real  estate,  for  a  period  of  not  less  than  two  years  from 
such  sales  thereof.  And  the  General  Assembly  shall  provide,  by  law, 
for  reasonable  notice  to  be  given  to  the  owners  of  parties  interested, 
by  publication  or  otherwise,  of  the  fact  of  the  sale  of  the  property 
for  such  taxes  or  assessments,  and  when  the  time  of  redemption 
shall  expire :  Provided,  that  occupants  shall  in  all  cases  be  served 
with  personal  notice  before  the  time  of  redemption  expires. 

SEC.  6.  The  General  Assembly  shall  have  no  power  to  release 
or  discharge  any  county,  city,  township,  town  or  district,  whatever, 
or  the  inhabitants  thereof,  or  the  property  therein,  from  their  or 
its  proportionate  share  of  taxes  to  be  levied  for  state  purposes, 
nor  shall  commutation  for  such  taxes  be  authorized  in  any  form 
whatsoever. 

SEC.  7.  All  taxes  levied  for  state  purposes  shall  be  paid  into 
the  state  treasury. 

SEC.  8.  County  authorities  shall  never  assess  taxes,  the  aggre- 
gate of  which  shall  exceed  seventy-five  cents  per  one  hundred 
dollars'  valuation,  except  for  the  payment  of  indebtedness  existing 
at  the  adoption  of  this  Constitution,  unless  authorized  by  a  vote  of 
the  people  of  the  county. 

SEC.  9.  The  General  Assembly  may  vest  the  corporate  authori- 
ties of  cities,  towns,  and  villages,  with  power  to  make  local  improve- 
ments by  special  assessment  or  by  special  taxation  of  contiguous 
property,  or  otherwise.  For  all  other  corporate  purposes,  all  munic- 
ipal corporations  may  be  vested  with  authority  to  assess  and  collect 
taxes;  but  such  taxes  shall  be  uniform  in  respect  to  persons  and 
property,  within  the  jurisdiction  of  the  body  imposing  the  same. 

SEC.  10.     The   General   Assembly  shall  not   impose  taxes   upon 


APPENDIX  247 

municipal  corporations,  or  the  inhabitants  or  property  thereof,  for 
corporate  purposes,  but  shall  require  .that  all  the  taxable  property 
within  the  limits  of  municipal  corporations  shall  be  taxed  for  the 
payment  of  debts  contracted  under  authority  of  law,  such  taxes  to 
be  uniform  in  respect  to  persons  and  property,  within  the  juris- 
diction of  the  body  imposing  the  same.  Private  property  shall  not 
be  liable  to  be  taken  or  sold  for  the  payment  of  the  corporate  debts 
of  a  municipal  corporation. 

SEC.  ii.  No  person  who  is  in  default,  as  collector  or  custodian 
of  money  or  property  belonging  to  a  municipal  corporation,  shall  be 
eligible  to  any  office  in  or  under  such  corporation.  The  fees,  salary 
or  compensation  of  no  municipal  officer  who  is  elected  or  appointed 
for  a  definite  term  of  office,  shall  be  increased  or  diminished  during 
such  term. 

SEC.  12.  No  county,  city,  township,  school  district,  or  other 
municipal  corporation  shall  be  allowed  to  become  indebted  in  any 
manner  or  for  any  purpose,  to  an  amount,  including  existing  indebt- 
edness, in  the  aggregate  exceeding  five  per  centum  on  the  value  of 
the  taxable  property  therein,  to  be  ascertained  by  the  last  assessment 
for  state  and  county  taxes,  previous  to  the  incurring  of  such  indebt- 
edness. Any  county,  city,  school  district,  or  other  municipal  corpo- 
ration, incurring  any  indebtedness  as  aforesaid,  shall  before,  or  at 
the  time  of  doing  so,  provide  for  the  collection  of  a  direct  annual 
tax  sufficient  to  pay  the  interest  on  such  debt,  as  it  falls  due,  and 
also  to  pay  and  discharge  the  principal  thereof  within  twenty  years 
from  the  time  of  contracting  the  same.  This  section  shall  not  be 
construed  to  prevent  any  county,  city,  township,  school  district,  or 
other  municipal  corporation  from  issuing  their  bonds  in  compliance 
with  any  vote  of  the  people  which  may  have  been  had  prior  to  the 
adoption  of  this  Constitution  in  pursuance  of  any  law  providing 
therefor. 

SEC.  13.  The  corporate  authorities  of  the  City  of  Chicago  are 
hereby  authorized  to  issue  interest-bearing  bonds  of  said  city  to  an 
amount  not  exceeding  five  million  dollars,  at  a  rate  of  interest  not 
to  exceed  five  per  centum  per  annum,  the  principal  payable  within 
thirty  years  from  the  date  of  their  issue,  and  the  proceeds  thereof 
shall  be  paid  to  the  treasurer  of  the  World's  Columbian  Exposition, 
and  used  and  disbursed  by  him  under  the  direction  and  control  of 
the  directors,  in  aid  of  the  World's  Columbian  Exposition,  to  be 
held  in  the  City  of  Chicago,  in  pursuance  of  an  act  of  Congress 
of  the  United  States:  Provided,  that  if  at  an  election  for  the  adop- 


248  ILLINOIS  AND  THE  NATION 

tion  of  this  amendment  to  the  Constitution  a  majority  of  the  votes 
cast  within  the  limits  of  the  City  of  Chicago  shall  be  against  its 
adoption,  then  no  bonds  shall  be  issued  under  this  amendment. 

And  said  corporate  authorities  shall  be  repaid  as  large  a  propor- 
tionate amount  of  the  aid  given  by  them  as  is  repaid  to  the  stock- 
holders on  the  sums  subscribed  and  paid  by  them,  and  the  money 
so  received  shall  be  used  in  the  redemption  of  the  bonds  issued  as 
aforesaid,  provided  that  said  authorities  may  take  in  whole  or  in 
part  of  the  sum  coming  to  them  any  permanent  improvements  placed 
on  land  held  or  controlled  by  them:  And,  provided  further,  that 
no  such  indebtedness  so  created  shall  in  any  part  thereof  be  paid 
by  the  state,  or  from  any  state  revenue,  tax  or  fund,  but  the  same 
shall  be  paid  by  the  said  City  of  Chicago  alone. 

ARTICLE  X 

COUNTIES 

SECTION  i.  No  new  county  shall  be  formed  or  established  by 
the  General  Assembly,  which  will  reduce  the  county  or  counties,  or 
either  of  them,  from  which  it  shall  be  taken,  to  less  contents  than 
four  hundred  square  miles;  nor  shall  any  county  be  formed  of  less 
contents;  nor  shall  any  line  thereof  pass  within  less  than  ten  miles 
of  any  county  seat  of  the  county  or  counties  proposed  to  be  divided. 

SEC.  2.  No  county  shall  be  divided,  or  have  any  part  stricken 
therefrom,  without  submitting  the  question  to  a  vote  of  the  people 
of  the  county,  nor  unless  a  majority  of  all  the  legal  voters  of  the 
county,  voting  on  the  question,  shall  vote  for  the  same. 

SEC.  3.  There  shall  be  no  territory  stricken  from  any  county, 
unless  a  majority  of  the  voters  living  in  such  territory,  shall  petition 
for  such  division;  and  no  territory  shall  be  added  to  any  county 
without  the  consent  of  the  majority  of  the  voters  of  the  county  to 
which  it  is  proposed  to  be  added.  But  the  portion  so  stricken  off 
and  added  to  another  county,  or  formed  in  whole  or  in  part  into  a 
new  county,  shall  be  holden  for,  and  obliged  to  pay  its  proportion  of 
the  indebtedness  of  the  county  from  which  it  has  been  taken. 

COUNTY   SEATS 

SEC.  4.  No  county  seat  shall  be  removed  until  the  point  to 
which  it  is  proposed  to  be  removed  shall  be  fixed  in  pursuance  of 
law,  and  three-fifths  of  the  voters  of  the  county,  to  be  ascertained 
in  such  manner  as  shall  be  provided  by  general  law,  shall  have  voted 


APPENDIX  249 

in  favor  of  its  removal  to  such  point;  and  no  person  shall  vote  on 
such  question  who  has  not  resided  in  the  county  six  months,  and 
in  the  election  precinct  ninety  days  next  preceding  such  election. 
The  question  of  the  removal  of  a  county  seat  shall  not  be  oftener 
submitted  than  once  in  ten  years,  to  a  vote  of  the  people.  But  when 
an  attempt  is  made  to  remove  a  county  seat  to  a  point  nearer  to  the 
center  of  a  county,  then  a  majority  vote  only  shall  be  necessary. 

COUNTY   GOVERNMENT 

SEC.  5.  The  General  Assembly  shall  provide,  by  general  law, 
for  township  organization,  under  which  any  county  may  organize 
whenever  a  majority  of  the  legal  voters  of  such  county,  voting  at 
any  general  election,  shall  so  determine,  and  whenever  any  county 
shall  adopt  township  organization,  so  much  of  this  Constitution  as 
provides  for  the  management  of  the  fiscal  concerns  of  the  said 
county  by  the  board  of  county  commissioners,  may  be  dispensed 
with,  and  the  affairs  of  said  county  may  be  transacted  in  such 
manner  as  the  General  Assembly  may  provide.  And  in  any  county 
that  shall  have  adopted  a  township  organization,  the  question  of 
continuing  the  same  may  be  submitted  to  a  vote  of  the  electors  of 
such  county,  at  a  general  election,  in  the  manner  that  now  is  or 
may  be  provided  by  law;  and  if  a  majority  of  all  the  votes  cast 
upon  that  question  shall  be  against  township  organization,  then  such 
organization  shall  cease  in  said  county ;  and  all  laws  in  force  in 
relation  to  counties  not  having  township  organization  shall  imme- 
diately take  effect  and  be  in  force  in  such  county.  No  two  town- 
ships shall  have  the  same  name,  and  the  day  of  holding  the  annual 
township  meeting  shall  be  uniform  throughout  the  state. 

SEC.  6.  At  the  first  election  of  county  judges  under  this  Con- 
stitution, there  shall  be  elected  in  each  of  the  counties  in  this  state, 
not  under  township  organization,  three  officers,  who  shall  be  styled 
"The  Board  of  County  Commissioners,"  who  shall  hold  sesssions 
for  the  transaction  of  county  business  as  shall  be  provided  by  law. 
One  of  said  commissioners  shall  hold  his  office  for  one  year,  one  for 
two  years,  and  one  for  three  years,  to  be  determined  by  lot;  and 
every  year  thereafter  one  such  officer  shall  be  elected  in  each  of  said 
counties  for  the  term  of  three  years. 

SEC.  7.  The  county  affairs  of  Cook  County  shall  be  managed 
by  a  board  of  commissioners  of  fifteen  persons,  ten  of  whom  shall 
be  elected  from  the  City  of  Chicago,  and  five  from  towns  outside  of 
said  city,  in  such  manner  as  may  be  provided  by  law. 


250  ILLINOIS  AND  THE  NATION 

COUNTY  OFFICERS  AND  THEIR  COMPENSATION 

SEC.  8.  In  each  county  there  shall  be  elected  the  following 
county  officers,  at  the  general  election  to  be  held  on  the  Tuesday 
after  the  first  Monday  in  November,  A.  D.,  1882:  A  county  judge, 
county  clerk,  sheriff,  and  treasurer,  and  at  the  election  to  be  held  on 
the  Tuesday  after  the  first  Monday  in  November,  A.  D.,  1884,  a 
coroner  and  clerk  of  the  circuit  court  (who  may  be  ex-officio 
recorder  of  deeds,  except  in  counties  having  60,000  and  more  inhab- 
itants, in  which  counties  a  recorder  of  deeds  shall  be  elected  at  the 
general  election  in  1884).  Each  of  said  officers  shall  enter  upon  the 
duties  of  his  office,  respectively,  on  the  first  Monday  of  December 
after  his  election,  and  they  shall  hold  their  respective  offices  for  the 
term  of  four  years,  and  until  their  successors  are  elected  and  quali- 
fied :  Provided,  that  no  person  having  once  been  elected  to  the  office 
of  sheriff  or  treasurer  shall  be  eligible  to  re-election  to  said  office 
for  four  years  after  the  expiration  of  the  term  for  which  he  shall 
have  been  elected. 

SEC.  9.  The  clerks  of  all  the  courts  of  record,  the  treasurer, 
sheriff,  coroner  and  recorder  of  deeds  of  Cook  County,  shall  receive 
as  their  only  compensation  for  their  services,  salaries  to  be  fixed  by 
law,  which  shall  in  no  case  be  as  much  as  the  lawful  compensation 
of  a  judge  of  the  circuit  court  of  said  county,  and  shall  be  paid, 
respectively,  only  out  of  the  fees  of  the  office  actually  collected.  All 
fees,  perquisites  and  emoluments  (above  the  amounts  of  said  sala- 
ries) shall  be  paid  into  the  county  treasury.  The  number  of  the 
deputies  and  assistants  of  such  officers  shall  be  determined  by  rule  of 
the  circuit  court,  to  be  entered  of  record,  and  their  compensation 
shall  be  determined  by  the  county  board. 

SEC.  10.  The  county  board,  except  as  provided  in  section  nine 
of  this  article,  shall  fix  the  compensation  of  all  county  officers,  with 
the  amount  of  their  necessary  clerk  hire,  stationery,  fuel  and  other 
expenses,  and  in  all  cases  where  fees  are  provided  for,  said  compen- 
sation shall  be  paid  only  out  of,  and  shall  in  no  instance  exceed,  the 
fees  actually  collected,  they  shall  not  allow  either  of  them  more  per 
annum  than  fifteen  hundred  dollars,  in  counties  not  exceeding  twenty 
thousand  inhabitants;  two  thousand  dollars,  in  counties  containing 
twenty  thousand  and  not  exceeding  thirty  thousand  inhabitants; 
twenty-five  hundred  dollars,  in  counties  containing  thirty  thousand 
and  not  exceeding  fifty  thousand  inhabitants ;  three  thousand  dollars, 
in  counties  containing  fifty  thousand  and  not  exceeding  seventy  thou- 
sand inhabitants;  thirty-five  hundred  dollars,  in  counties  containing 


APPENDIX  251 

seventy  thousand  and  not  exceeding  one  hundred  thousand  inhabit- 
ants ;  and  four  thousand  dollars,  in  counties  containing  one  hundred 
thousand  and  not  exceeding  two  hundred  and  fifty  thousand  inhabit- 
ants ;  and  not  more  than  one  thousand  dollars  additional  compensa- 
tion for  each  additional  one  hundred  thousand  inhabitants :  Pro- 
vided, that  the  compensation  of  no  officer  shall  be  increased  or 
diminished  during  his  term  of  office.  All  fees  or  allowances  by 
them  received,  in  excess  of  their  said  compensation,  shall  be  paid 
into  the  county  treasury. 

SEC.  ii.  The  fees  of  township  officers,  and  of  each  class  of 
county  officers,  shall  be  uniform  in  the  class  of  counties  to  which 
they  respectively  belong.  The  compensation  herein  provided  for 
shall  apply  only  to  officers  hereafter  elected,  but  all  fees  established 
by  special  laws  shall  cease  at  the  adoption  of  this  Constitution,  and 
such  officers  shall  receive  only  such  fees  as  are  provided  by  general 
law. 

SEC.  12.  All  laws  fixing  the  fees  of  state,  county,  and  township 
officers  shall  terminate  with  the  terms  respectively  of  those  who  may 
be  in  office  at  the  meeting  of  the  first  General  Assembly  after  the 
adoption  of  this  constitution ;  and  the  General  Assembly  shall,  by 
general  law,  uniform  in  its  operation,  provide  for  and  regulate  the 
fees  of  said  officers  and  their  successors,  so  as  to  reduce  the  same 
to  a  reasonable  compensation  for  services  actually  rendered.  But 
the  General  Assembly  may,  by  general  law,  classify  the  counties  by 
population  into  not  more  than  three  classes,  and  regulate  the  fees 
according  to  class.  This  article  shall  not  be  construed  as  depriving 
the  General  Assembly  of  the  power  to  reduce  the  fees  of  existing 
officers. 

SEC.  13.  Every  person  who  is  elected  or  appointed  to  any  office 
in  this  state,  who  shall  be  paid  in  whole  or  in  part  by  fees,  shall  be 
required  by  law  to  make  a  semi-annual  report,  under  oath,  to  some 
officer  to  be  designated  by  law,  of  all  his  fees  and  emoluments. 

ARTICLE  XI 

CORPORATIONS 

SECTION  i.  No  corporation  shall  be  created  by  special  laws, 
or  its  charter  extended,  changed,  or  amended,  except  those  for 
charitable,  educational,  penal,  or  reformatory  purposes,  which  are 
to  be  and  remain  under  the  patronage  and  control  of  the  state,  but 
the  General  Assembly  shall  provide,  by  general  laws,  for  the  organi- 
zation of  all  corporations  hereafter  to  be  created. 


252  ILLINOIS  AND  THE  NATION 

SEC.  2.  All  existing  charters  or  grants  of  special  or  exclusive 
privileges,  under  which  organization  shall  not  have  taken  place,  or 
which  shall  not  have  been  in  operation  within  ten  days  from  the 
time  this  Constitution  takes  effect,  shall  thereafter  have  no  validity 
or  effect  whatever. 

SEC.  3.  The  General  Assembly  shall  provide,  by  law,  that  in  all 
elections  for  directors  or  managers  of  incorporated  companies,  every 
stockholder  shall  have  the  right  to  vote,  in  person  or  by  proxy,  for 
the  number  of  shares  of  stock  owned  by  him,  for  as  many  persons 
as  there  are  directors  and  managers  to  be  elected,  or  to  cumulate 
said  shares,  and  give  one  candidate  as  many  votes  as  the  number  of 
directors  multiplied  by  the  number  of  his  shares  of  stock,  shall  equal, 
or  distribute  them  on  the  same  principle  among  as  many  candidates 
as  he  shall  think  fit;  and  such  directors  or  managers  shall  not  be 
elected  in  any  other  manner. 

SEC.  4.  No  law  shall  be  passed  by  the  General  Assembly  grant- 
ing the  right  to  construct  and  operate  a  street  railroad  within  any 
city,  town,  or  incorporated  village,  without  requiring  the  consent 
of  the  local  authorities  having  the  control  of  the  street  or  highway 
proposed  to  be  occupied  by  such  street  railroad. 

BANKS 

SEC.  5.  No  state  bank  shall  hereafter  be  created,  nor  shall  the 
state  own  or  be  liable  for  any  stock  in  any  corporation  or  joint  stock 
company  or  association  for  banking  purposes,  now  created,  or  to  be 
hereafter  created.  No  act  of  the  General  Assembly  authorizing  or 
creating  corporations  or  associations,  with  banking  powers,  whether 
of  issue,  deposit  or  discount,  nor  amendments  thereto,  shall  go  into 
effect,  or  in  any  manner  be  in  force,  unless  the  same  shall  be  sub- 
mitted to  a  vote  of  the  people  at  the  general  election  next  succeeding 
the  passage  of  the  same,  and  be  approved  by  a  majority  of  all  the 
votes  cast  at  such  an  election  for  or  against  such  law. 

SEC.  6.  Every  stockholder  in  a  banking  corporation  or  institu- 
tion shall  be  individually  responsible  and  liable  to  its  creditors,  over 
and  above  the  amount  of  stock  by  him  or  her  held,  to  an  amount 
equal  to  his  or  her  respective  shares  so  held,  for  all  liabilities 
accruing  while  he  or  she  remains  such  stockholder. 

SEC.  7.  The  suspension  of  specie  payments  by  banking  institu- 
tions, on  their  circulation,  created  by  the  laws  of  this  state,  shall 
never  be  permitted  or  sanctioned.  Every  banking  association  now, 
or  which  may  hereafter  be,  organized  under  the  laws  of  this  state 


APPENDIX  253 

shall  make  and  publish  a  full  and  accurate  quarterly  statement  of 
its  affairs  (which  shall  be  certified  to,  under  oath,  by  one  or  more 
of  its  officers),  as  may  be  provided  by  law. 

SEC.  8.  If  a  general  banking  law  shall  be  enacted,  it  shall  pro- 
vide for  the  registry  and  countersigning,  by  an  officer  of  state,  of 
all  bills  or  paper  credit,  designed  to  circulate  as  money,  and  require 
security,  to  the  full  amount  thereof,  to  be  deposited  with  the  State 
Treasurer,  in  United  States  or  Illinois  State  stocks,  to  be  rated  at 
ten  per  cent  below  their  par  value;  and  in  case  of  a  depreciation  of 
said  stocks  to  the  amount  of  ten  per  cent  below  par,  the  bank  or 
banks  owning  said  stocks  shall  be  required  to  make  up  said  defi- 
ciency, by  depositing  additional  stocks.  And  said  law  shall  also 
provide  for  the  recording  of  the  names  of  all  stockholders  in  such 
corporation,  the  amount  of  stock  held  by  each,  the  time  of  any 
transfer  thereof,  and  to  whom  such  transfer  is  made. 

RAILROADS 

SEC.  9.  Every  railroad  corporation  organized  or  doing  business 
in  this  state,  voider  the  laws  or  authority  thereof,  shall  have  and 
maintain  a  public  office  or  place  in  this  state  for  the  transaction  of 
its  business,  where  transfers  of  stock  shall  be  made  and  in  which 
shall  be  kept  for  public  inspection  books  in  which  shall  be  recorded 
the  amount  of  capital  stock  subscribed,  and  by  whom;  the  names  of 
the  owners  of  its  stock,  and  the  amounts  owned  by  them  respec- 
tively ;  the  amount  of  stock  paid  in,  and  by  whom ;  the  transfers 
of  said  stock;  the  amount  of  its  assets  and  liabilities,  and  the  names 
and  places  of  residence  of  its  officers.  The  directors  of  every  rail- 
way corporation  shall,  annually,  make  a  report,  under  oath,  to  the 
auditor  of  public  accounts,  or  some  officer  to  be  designated  by  law, 
of  all  their  acts  and  doing,  which  report  shall  include  such  matters 
relating  to  railroads  as  may  be  prescribed  by  law.  And  the  General 
Assembly  shall  pass  laws  enforcing  by  suitable  penalties  the  pro- 
visions of  this  section. 

SEC.  10.  The  rolling  stock,  and  all  other  movable  property  be- 
longing to  any  railroad  company  or  corporation  in  this  state,  shall 
be  considered  personal  property,  and  shall  be  liable  to  execution 
and  sale  in  the  same  manner  as  the  personal  property  of  individuals, 
and  the  General  Assembly  shall  pass  no.  law  exempting  any  such 
property  from  execution  and  sale. 

SEC.  II.  No  railroad  corporation  shall  consolidate  its  stock, 
property  or  franchises  with  any  other  railroad  corporation  owning  a 


254  ILLINOIS  AND  THE  NATION 

parallel  or  competing  line;  and  in  no  case  shall  any  consolidation 
take  place  except  upon  public  notice  given,  of  at  least  sixty  days,  to 
all  stockholders,  in  such  manner  as  may  be  provided  by  law.  A 
majority  of  the  directors  of  any  railroad  corporation,  now  incor- 
porated or  hereafter  to  be  incorporated  by  the  laws  of  this  state, 
shall  be  citizens  and  residents  of  this  state. 

SEC.  12.  Railways  heretofore  constructed  or  that  may  hereafter 
be  constructed  in  this  state,  are  hereby  declared  public  highways, 
and  shall  be  free  to  all  persons,  for  the  transportation  of  their  per- 
sons and  property  thereon,  under  such  regulations  as  may  be  pre- 
scribed by  law.  And  the  General  Assembly  shall,  from  time  to  time, 
pass  laws  establishing  reasonable  maximum  rates  of  charges  for  the 
transportation  of  passengers  and  freight  on  the  different  railroads 
in  this  state. 

SEC.  13.  No  railroad  corporation  shall  issue  any  stocks  or 
bonds,  except  for  money,  labor  or  property,  actually  received,  and 
applied  to  the  purpose  for  which  such  corporation  was  created;  and 
all  stock  dividends,  and  other  fictitious  increase  of  capital  stock 
or  indebtedness  of  any  such  corporation  shall  be  void.  The  capital 
stock  of  no  railroad  corporation  shall  be  increased  for  any  purpose, 
except  upon  giving  sixty  days'  public  notice,  in  such  manner  as  may 
be  provided  by  law. 

SEC.  14.  The  exercise  of  the  power,  and  the  right  of  eminent 
domain  shall  never  be  so  construed  or  abridged  as  to  prevent  the 
taking,  by  the  General  Assembly,  of  the  property  and  franchises  of 
incorporated  companies  already  organized,  and  subjecting  them  to 
the  public  necessity  the  same  as  of  individuals.  The  right  of  trial 
by  jury  shall  be  held  inviolate  in  all  trials  of  claims  for  compensa- 
tion, when,  in  the  exercise  of  the  said  right  of  eminent  domain,  any 
incorporated  company  shall  be  interested  either  for  or  against  the 
exercise  of  said  right. 

SEC.  15.  The  General  Assembly  shall  pass  laws  to  correct  abuses 
and  prevent  unjust  discrimination  and  extortion  in  the  rates  of 
freight  and  passenger  tariffs  on  the  different  railroads  in  this  state, 
and  enforce  such  laws,  by  adequate  penalties,  to  the  extent,  if  neces- 
sary for  that  purpose,  of  forfeiture  of  their  property  and  franchises. 

ARTICLE   XII 

MILITIA 

SECTION  i.  The  militia  of  the  State  of  Illinois  shall  consist 
of  all  able-bodied  male  persons,  residents  in  the  state,  between  the 


APPENDIX  255 

ages  of  eighteen  and  forty-five,  except  such  persons  as  now  are,  or 
hereafter  may  be,  exempted  by  the  laws  of  the  United  States,  or  of 
this  state. 

SEC.  2.  The  General  Assembly,  in  providing  for  the  organiza- 
tion, equipment  and  discipline  of  the  militia,  shall  conform  as 
nearly  as  practicable  to  the  regulations  for  the  government  of  the 
armies  of  the  United  States. 

SEC.  3.  All  militia  officers  shall  be  commissioned  by  the  Gov- 
ernor, and  may  hold  their  commissions  for  such  time  as  the  General 
Assembly  may  provide. 

SEC.  4.  The  militia  shall,  in  all  cases,  except  treason,  felony,  or 
breach  of  the  peace,  be  privileged  from  arrest  during  their  attend- 
ance at  musters  and  elections,  and  in  going  to  and  returning  from 
the  same. 

SEC.  5.  The  military  records,  banners  and  relics  of  the  state 
shall  be  preserved  as  an  enduring  memorial  of  the  patriotism  and 
valor  of  Illinois,  and  it  shall  be  the  duty  of  the  General  Assembly 
to  provide  by  law  for  the  safe  keeping  of  the  same. 

SEC.  6.  No  person  having  conscientious  scruples  against  bear- 
ing arms  shall  be  compelled  to  do  military  duty  in  time  of  peace : 
Provided,  such  person  shall  pay  an  equivalent  for  such  exemption. 

ARTICLE   XIII 

WAREHOUSES 

SECTION  i.  All  elevators  or  storehouses  where  grain  or  other 
property  is  stored  for  a  compensation,  whether  the  property  stored 
be  kept  separate  or  not,  are  declared  to  be  public  warehouses. 

SEC.  2.  The  owner,  lessee,  or  manager  of  each  and  every  public 
warehouse  situated  in  any  town  or  city  of  not  less  than  one  hundred 
thousand  inhabitants,  shall  make  weekly  statements  under  oath,  be- 
fore some  officer  to  be  designated  by  law,  and  keep  the  same  posted 
in  some  conspicuous  place  in  the  office  of  said  warehouse,  and  shall 
also  file  a  copy  for  public  examination  in  such  place  as  shall  be 
designated  by  law,  which  statement  shall  correctly  set  forth  the 
amount  and  grade  of  each  and  every  kind  of  grain  in  such  ware- 
house, together  with  such  other  property  as  may  be  stored  therein, 
and  what  warehouse  receipts  have  been  issued,  and  are,  at  the  time 
of  making  such  statement,  outstanding  therefor;  and  shall,  on  the 
copy  posted  in  the  warehouse,  note  daily  changes  as  may  be  made 
in  the  quantity  and  grade  of  grain  in  such  warehouse;  and  the  differ- 
ent grades  of  grain  shipped  in  separate  lots  shall  not  be  mixed  with 


256  ILLINOIS  AND  THE  NATION 

inferior  or  superior  grades,  without  the  consent  of  the  owner  or 
consignee  thereof. 

SEC.  3.  The  owners  of  property  stored  in  any  warehouse,  or 
holder  of  a  receipt  for  the  same,  shall  always  be  at  liberty  to 
examine  such  property  stored,  and  all  the  books  and  records  of  the 
warehouse,  in  regard  to  such  property. 

SEC.  4.  All  railroad  companies  and  other  common  carriers  on 
railroads  shall  weigh  or  measure  grain  at  such  points  where  it  is 
shipped,  and  receipt  for  the  full  amount,  and  shall  be  responsible  for 
the  delivery  of  such  amount  to  the  owner  or  consignee  thereof,  at 
the  place  of  destination. 

SEC.  5.  All  railroad  companies  receiving  and  transporting  grain 
in  bulk  or  otherwise  shall  deliver  the  same  to  any  consignee  thereof, 
or  any  elevator  or  public  warehouse  to  which  it  may  be  consigned, 
provided  such  consignee  or  the  elevator  or  public  warehouse  can  be 
reached  by  any  track  owned,  leased  or  used,  or  which  can  be  used, 
by  such  railroad  companies ;  and  all  railroad  companies  shall  permit 
connections  to  be  made  with  their  track,  so  that  any  such  consignee, 
and  any  public  warehouse,  coal  bank  or  coal  yard,  may  be  reached  by 
the  cars  on  said  railroad. 

SEC.  6.  It  shall  be  the  duty  of  the  General  Assembly  to  pass 
all  necessary  laws  to  prevent  the  issue  of  false  and  fraudulent  ware- 
house receipts,  and  to  give  full  effect  to  this  article  of  the  constitu- 
tion, which  shall  be  liberally  construed  so  as  to  protect  producers 
and  shippers.  And  the  enumeration  of  the  remedies  herein  named 
shall  not  be  construed  to  deny  to  the  General  Assembly  the  power  to 
describe  by  law  such  other  and  further  remedies  as  may  be  found 
expedient,  or  to  deprive  any  person  of  existing  common  law 
remedies. 

SEC.  7.  The  General  Assembly  shall  pass  laws  for  the  inspec- 
tion of  grain,  for  the  protection  of  producers,  shippers,  and  receivers 
of  grain  and  produce. 

ARTICLE   XIV 

AMENDMENTS  TO  THE  CONSTITUTION 

SECTION  I.  Whenever  two-thirds  of  the  members  of  each 
house  of  the  General  Assembly  shall,  by  a  vote  entered  upon  the 
journals  thereof,  concur  that  a  convention  is  necessary  to  revise, 
alter  or  amend  the  Constitution,  the  question  shall  be  submitted  to 
the  electors  at  the  next  general  election.  If  a  majority  voting  at  the 
election  vote  for  a  convention,  the  General  Assembly  shall,  at  the 


APPENDIX  257 

next  session,  provide  for  a  convention,  to  consist  of  double  the 
number  of  members  of  the  Senate,  to  be  elected  in  same  manner,  at 
the  same  places,  and  in  the  same  districts.  The  General  Assembly 
shall,  in  the  act  of  calling  the  convention,  designate  the  day,  hour 
and  place  of  its  meeting,  fixing  the  pay  of  its  members  and  officers, 
and  provide  for  the  payment  of  the  same,  together  with  the  ex- 
penses necessarily  incurred  by  the  convention  in  the  performance  of 
its  duties.  Before  proceeding,  the  members  shall  take  an  oath  to 
support  the  Constitution  of  the  United  States  and  of  the  State  of 
Illinois,  and  to  faithfully  discharge  their  duties  as  members  of  the 
convention.  The  qualification  of  members  shall  be  the  same  as  that 
of  members  of  the  Senate,  and  vacancies  occurring  shall  be  filled 
in  the  manner  provided  for  filling  vacancies  in  the  General  Assem- 
bly. Said  convention  shall  meet  within  three  months  after  such  elec- 
tion, and  prepare  such  revision,  alteration  or  amendments  of  the 
Constitution  as  shall  be  deemed  necessary,  which  shall  be  submitted 
to  the  electors  for  their  ratification  or  rejection,  at  an  election 
appointed  by  the  convention  for  that  purpose,  not  less  than  two  nor 
more  than  six  months  after  the  adjournment  thereof;  and  unless  so 
submitted  and  approved,  by  a  majority  of  the  electors  voting  at  the 
election,  no  such  revision,  alteration  or  amendments  shall  take  effect. 
SEC.  -2.  Amendments  to  this  Constitution  may  be  proposed  in 
either  house  of  the  General  Assembly,  and  if  the  same  shall  be 
voted  for  by  two-thirds  of  all  the  members  elected  to  each  of  the 
two  houses,  such  proposed  amendments,  together  with  the  yeas  and 
nays  of  each  house  thereon,  shall  be  entered  in  full  on  their  respec- 
tive journals,  and  said  amendments  shall  be  submitted  to  the  electors 
of  this  state  for  adoption  or  rejection,  at  the  next  election  of  mem- 
bers of  the  General  Assembly,  in  such  manner  as  may  be  prescribed 
by  law.  The  proposed  amendments  shall  be  published  in  full  at 
least  three  months  preceding  the  election,  and  if  a  majority  of  the 
electors  voting  at  said  election  shall  vote  for  the  proposed  amend- 
ments, they  shall  become  a  part  of  this  Constitution.  But  the  General 
Assembly  shall  have  no  power  to  propose  amendments  to  more  than 
one  article  of  this  Constitution  at  the  same  session,  nor  to  the  same 
article  oftener  than  once  in  four  years. 

SECTIONS    SEPARATELY    SUBMITTED 

ILLINOIS   CENTRAL  RAILROAD 

No    contract,    obligation    or    liability    whatever,    of    the    Illinois 
Central  Railroad  Company,  to  pay  any  money  into  the  state  treasury, 


258  ILLINOIS  AND  THE  NATJUN 

nor  any  lien  of  the  state  upon,  or  right  to  tax  property  of  said  com- 
pany, in  accordance  with  the  provisions  of  the  charter  of  said  com- 
pany, approved  February  tenth,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  fifty-one,  shall  ever  be  released,  suspended,  modi- 
fied, altered,  remitted,  or  in  any  manner  diminished  or  impaired  by 
legislative  or  other  authority ;  and  all  moneys  derived  from  said 
company,  after  the  payment  of  the  state  debt,  shall  be  appropriated 
and  set  apart  for  the  payment  of  the  ordinary  expenses  of  the  state 
government,  and  for  no  other  purposes  whatever. 

MINORITY  REPRESENTATION 

(See  Sections  7  and  8,  Article  IV) 

MUNICIPAL  SUBSCRIPTIONS  TO  RAILROADS  OR  PRIVATE  CORPORATIONS 

No  county,  city,  town,  township,  or  other  municipality  shall  ever 
become  subscriber  to  the  capital  stock  of  any  railroad  or  private 
corporation,  or  make  donation  to  or  loan  its  credit  in  aid  of  such 
corporation :  Provided,  however,  that  the  adoption  of  this  article 
shall  not  be  construed  as  affecting  the  right  of  any  such  munici- 
pality to  make  such  subscriptions  where  the  same  have  been  author- 
ized, under  existing  laws,  by  a  vote  of  the  people  of  such  munici- 
palities prior  to  such  adoption. 

CANAL 

The  Illinois  and  Michigan  Canal,  or  other  canal  or  waterway 
owned  by  the  state,  shall  never  be  sold  or  leased  until  the  specific 
proposition  for  the  sale  or  lease  thereof  shall  first  have  been  sub- 
mitted to  a  vote  of  the  people  of  the  state  at  a  general  election,  and 
have  been  approved  by  a  majority  of  all  the  votes  polled  at  such 
election.  The  General  Assembly  shall  never  loan  the  credit  of  the 
state,  or  make  appropriations  from  the  treasury  thereof,  in  aid  of 
railroads  or  canals :  Provided,  that  any  surplus  earnings  of  any 
canal,  waterway,  or  water  power  may  be  appropriated  or  pledged 
for  its  enlargement,  maintenance  or  extension :  And,  provided,  fur- 
ther, that  the  General  Assembly  may,  by  suitable  legislation,  pro- 
vide for  the  construction  of  a  deep  waterway  or  canal  from  the 
present  water  power  plant  of  the  Sanitary  District  of  Chicago,  at 
or  near  Lockport,  in  the  Township  of  Lockport,  in  the  County  of 
Will,  to  a  point  in  the  Illinois  River  at  or  near  Utica,  which  may  be 
practical  for  a  general  plan  and  scheme  of  deep  waterway  along 
a  route,  which  may  be  deemed  most  advantageous  for  such  plan 


APPENDIX  259 

of  deep  waterway,  and  for  the  erection,  equipment  and  maintenance 
of  power  plants,  locks,  bridges,  dams  and  appliances  sufficient  and 
suitable  for  the  development  and  utilization  of  the  water  power 
thereof;  and  authorize  the  issue,  from  time  to  time,  of  bonds  of 
this  state  in  a  total  amount  not  to  exceed  twenty  million  dollars, 
which  shall  draw  interest,  payable  semi-annually,  at  a  rate  not  to 
exceed  four  per  cent,  per  annum,  the  proceeds  whereof  may  be 
applied  as  the  General  Assembly  may  provide,  in  the  construction  of 
said  waterway  and  in  the  erection,  equipment,  and  maintenance  of 
said  power  plants,  locks,  bridges,  dams,  and  appliances. 

All  power  developed  from  said  waterway  may  be  leased  in  part 
or  in  whole,  as  the  General  Assembly  may  by  law  provide;  but  in 
the  event  of  any  lease  being  so  executed,  the  rental  specified 
therein  for  water  power  shall  be  subject  to  a  re-valuation  each 
ten  years  of  the  term  created,  and  the  income  therefrom  shall  be 
paid  into  the  treasury  of  the  state. 

SCHEDULE 

That  no  inconvenience  may  arise  from  the  alterations  and  amend- 
ments made  in  the  Constitution  of  this  state,  and  to  carry  the  same 
into  complete  effect,  it  is  hereby  ordained  and  declared: 

SECTION  i.  That  all  laws  in  force  at  the  adoption  of  this 
Constitution,  not  inconsistent  therewith,  and  all  rights,  actions,  prose- 
cutions, claims  and  contracts  of  the  state,  individuals,  or  bodies  cor- 
porate, shall  continue  to  be  as  valid  as  if  this  Constitution  had  not 
been  adopted. 

SEC.  -2.  That  all  fines,  taxes,  penalties  and  forfeitures,  due  and 
owing  to  the  State  of  Illinois  under  the  present  Constitution  and 
laws,  shall  inure  to  the  use  of  the  people  of  the  State  of  Illinois, 
under  this  Constitution. 

SEC.  3.  Recognizances,  bonds,  obligations,  and  all  other  instru- 
ments entered  into  or  executed  before  the  adoption  of  this  Constitu- 
tion, to  the  people  of  the  State  of  Illinois,  to  any  state  or  county 
officer  or  public  body,  shall  remain  binding  and  valid;  and  rights  and 
liabilities  upon  the  same  shall  continue,  and  all  crimes  and  mis- 
demeanors shall  be  tried  and  punished  as  though  no  change  had 
been  made  in  the  Constitution  of  this  state. 

SEC.  4.  County  courts  for  the  transaction  of  county  business  in 
counties  not  having  adopted  township  organization,  shall  continue 
in  existence,  and  exercise  their  present  jurisdiction  until  the  board 
of  county  commissioners  provided  in  this  Constitution,  is  organized 


260  '  ILLINOIS  AND  THE  NATION 

in  pursuance  of  an  act  of  the  General  Assembly ;  and  the  county 
courts  in  all  other  counties  shall  have  the  same  power  and  juris- 
diction they  now  possess  until  otherwise  provided  by  law. 

SEC.  5.  All  existing  courts  which  are  not  in  this  Constitution 
specifically  enumerated,  shall  continue  in  existence  and  exercise  their 
present  jurisdiction  until  otherwise  provided  by  law. 

SEC.  6.  All  persons  now  filling  any  office  or  appointment  shall 
continue  in  the  exercise  of  the  duties  thereof  according  to  their 
respective  commissions  or  appointments,  unless  by  this  Constitution 
it  is  otherwise  directed. 

[Sections  /  to  17,  inclusive,  providing  for  the  submission  of  this 
Constitution  to  the  people,  became  inoperative  by  its  adoption,  and 
are  consequently  omitted.] 

SEC.  18.  All  laws  of  the  State  of  Illinois,  and  all  official  writ- 
ings, and  the  executive,  legislative,  and  judicial  proceedings  shall 
be  conducted,  preserved  and  published  in  no  other  than  the  English 
language. 

SEC.  19.  The  General  Assembly  shall  pass  all  laws  necessary  to 
carry  into  effect  the  provisions  of  this  Constitution. 

SEC.  20.  The  circuit  clerks  of  the  different  counties,  having  a 
population  over  sixty  thousand,  shall  continue  to  be  recorders  (ex- 
officio)  for  their  respective  counties,  under  this  Constitution,  until 
the  expiration  of  their  respective  terms. 

SEC.  21.  The  judges  of  all  courts  of  record  in  Cook  County 
shall,  in  lieu  of  any  salary  provided  for  in  this  Constitution,  receive 
the  compensation  now  provided  by  law  until  the  adjournment  of  the 
first  session  of  the  General  Assembly  after  the  adoption  of  this 
Constitution. 

SEC.  22.  The  present  judge  of  the  circuit  court  of  Cook  County 
shall  continue  to  hold  the  circuit  court  of  Lake  County  until  other- 
wise provided  by  law. 

SEC.  23.  When  this  Constitution  shall  be  adopted,  and  take 
effect  as  the  supreme  law  of  the  State  of  Illinois,  the  two-mill  tax 
provided  to  be  annually  assessed  and  collected  upon  each  dollar's 
worth  of  taxable  property,  in  addition  to  all  other  taxes,  as  set  forth 
in  article  fifteen  of  the  now  existing  Constitution,  shall  cease  to  be 
assessed  after  the  year  of  our  Lord  one  thousand  eight  hundred  and 
seventy. 

SEC.  24.  Nothing  contained  in  this  Constitution  shall  be  con- 
strued as  to  deprive  the  General  Assembly  of  power  to  authorize  the 
City  of  Quincy  to  create  any  indebtedness  for  railroad  or  municipal 


APPENDIX  261 

purposes  for  which  the  people  of  said  city  shall  have  voted,  and  to 
which  they  shall  have  given,  by  such  vote,  their  assent,  prior  to  the 
thirteenth  day  of  December,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty-nine :  Provided,  that  no  such  indebtedness, 
so  created,  shall,  in  any  part  thereof,  be  paid  by  the  state,  or  from 
any  state  revenue  tax  or  fund,  but  the  same  shall  be  paid,  if  at 
all,  by  the  said  City  of  Quincy  alone,  and  by  taxes  to  be  levied  upon 
the  taxable  property  thereof :  And  provided,  -further,  that  the  Gen- 
eral Assembly  shall  have  no  power  in  the  premises  that  it  could  not 
exercise  under  the  present  Constitution  of  this  State. 

SEC.  25.  In  case  this  Constitution  and  the  articles  and  sections 
submitted  separately,  be  adopted,  the  existing  Constitution  shall  cease 
in  all  its  provisions ;  and  in  case  this  Constitution  be  adopted,  and 
any  one  or  more  of  the  articles  or  sections  submitted  separately  be 
defeated,  the  provisions  of  the  existing  Constitution,  if  any,  on  the 
same  subject,  shall  remain  in  force. 

SEC.  26.  The  provisions  of  this  Constitution  required  to  be  exe- 
cuted prior  to  the  adoption  or  rejection  thereof,  shall  take  effect  and 
be  in  force  immediately. 

CONVICT   LABOR 

Hereafter,  it  shall  be  unlawful  for  the  commissioners  of  any 
penitentiary,  or  other  reformatory  institution  in  the  State  of  Illinois, 
to  let  by  contract  to  any  person  or  persons,  or  corporations,  the  labor 
of  any  convict  confined  within  said  institution. 


PREAMBLE 

We,  the  people  of  the  United  States,  in  order  to  form  a  more 
perfect  union,  establish  justice,  insure  domestic  tranquility,  provide 
for  the  common  defense,  promote  the  general  welfare,  and  secure 
the  blessings  of  liberty  to  ourselves  and  our  posterity,  do  ordain  and 
establish  this  Constitution  for  the  United  States  of  America. 


ARTICLE  I 

THE  LEGISLATIVE  POWER 

SECTION  I.  All  legislative  powers  herein  granted  shall  be 
vested  in  a  Congress  of  the  United  States,  which  shall  consist  of  a 
Senate  and  House  of  Representatives. 

THE    HOUSE   OF    REPRESENTATIVES 

SEC.  2.  The  House  of  Representatives  shall  be  composed  of 
members  chosen  every  second  year  by  the  people  of  the  several 
states,  and  the  electors  in  each  state  shall  have  the  qualifications 
requisite  for  electors  of  the  most  numerous  branch  of  the  state 
legislature. 

No  person  shall  be  a  Representative  who  shall  not  have  attained 
to  the  age  of  twenty-five  years,  and  been  seven  years  a  citizen  of  the 
United  States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of 
that  state  in  which  he  shall  be  chosen. 

Representatives  and  direct  taxes  shall  be  apportioned  among  the 
several  states  which  may  be  included  within  this  Union,  according 
to  their  respective  numbers,  which  shall  be  determined  by  adding 
to  the  whole  number  of  free  persons,  including  those  bound  to  serv- 
ice for  a  term  of  years,  and  excluding  Indians  not  taxed,  three- 
fifths  of  all  other  persons.  The  actual  enumeration  shall  be  made 
within  three  years  after  the  first  meeting  of  the  Congress  of  the 

262 


APPENDIX  263 

United  States,  and  within  every  subsequent  term  of  ten  years,  in 
such  manner  as  they  shall  by  law  direct.  The  number  of  Repre- 
sentatives shall  not  exceed  one  for  every  thirty  thousand,  but  each 
state  shall  have  at  least  one  Representative ;  and,  until  such  enumera- 
tion shall  be  made,  the  State  of  New  Hampshire  shall  be  entitled  to 
choose  three,  Massachusetts  eight,  Rhode  Island  and  Providence 
Plantations  one,  Connecticut  five,  New  York  six,  New  Jersey  four, 
Pennsylvania  eight,  Delaware  one,  Maryland  six,  Virginia  ten,  North 
Carolina  five,  South  Carolina  five,  and  Georgia  three. 

When  vacancies  happen  in  the  representation  from  any  state,  the 
executive  authority  thereof  shall  issue  writs  of  election  to  fill  such 
vacancies. 

The  House  of  Representatives  shall  choose  their  speaker  and 
other  officers;  and  shall  have  the  sole  power  of  impeachment. 

THE   SENATE 

SEC.  3.  The  Senate  of  the  United  States  shall  be  composed 
of  two  Senators  from  each  state,  chosen  by  the  legislature  thereof, 
for  six  years;  and  each  Senator  shall  have  one  vote. 

Immediately  after  they  shall  be  assembled  in  consequence  of  the 
first  election,  they  shall  be  divided  as  equally  as  may  be  into  three 
classes.  The  seats  of  the  Senators  of  the  first  class  shall  be  vacated 
at  the  expiration  of  the  second  year,  of  the  second  class  at  the  ex- 
piration of  the  fourth  year,  and  of  the  third  class  at  the  expiration 
of  the  sixth  year,  so  that  one-third  may  be  chosen  every  second 
year ;  and  if  the  vacancies  happen  by  resignation,  or  otherwise,  dur- 
ing the  recess  of  the  legislature  of  any  state,  the  executive  thereof 
may  make  temporary  appointments  until  the  next  meeting  of  the 
legislature,  which  shall  then  fill  such  vacancies. 

No  person  shall  be  a  Senator  who  shall  not  have  attained  to  the 
age  of  thirty  years,  and  been  nine  years  a  citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  that 
state  for  which  he  shall  be  chosen. 

The  Vice- President  of  the  United  States  shall  be  President  of 
the  Senate,  but  shall  have  no  vote,  unless  they  shall  be  equally 
divided.  .. 

The  Senate  shall  choose  their  other  officers,  and  shall  have  a 
president  pro  tempore,  in  the  absence  of  the  Vice- President,  or 
when  he  shall  exercise  the  office  of  President  of  the  United  States. 

The  Senate  shall  have  the  sole  power  to  try  all  impeachments. 


264  ILLINOIS  AND  THE  NATION 

When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation. 
When  the  President  of  the  United  States  is  tried,  the  Chief  Justice 
shall  preside ;  and  no  person  shall  be  convicted  without  the  concur- 
rence of  two-thirds  of  the  members  present. 

Judgment  in  cases  of  impeachment  shall  not  extend  further  than 
to  removal  from  office,  and  disqualification  to  hold  and  enjoy  any 
office  of  honor,  trust,  or  profit  under  the  United  States;  but  the 
party  convicted  shall  nevertheless  be  liable  and  subject  to  indictment, 
trial,  judgment  and  punishment  according  to  law. 

MANNER    OF    ELECTING    MEMBERS 

SEC.  4.  The  times,  places,  and  manner  of  holding  elections 
for  Senators  and  Representatives,  shall  be  prescribed  in  each  state 
by  the  legislature  thereof;  but  the  Congress  may  at  any  time,  by 
law,  make  or  alter  such  regulations,  except  as  to  the  places  of  choos- 
ing Senators. 

CONGRESS    TO    ASSEMBLE   ANNUALLY 

The  Congress  shall  assemble  at  least  once  in  every  year,  and 
such  meeting  shall  be  on  the  first  Monday  in  December,  unless  they 
shall  by  law  appoint  a  different  day. 

POWERS 

SEC.  5.  Each  house  shall  be  the  judge  of  the  elections,  returns 
and  qualifications  of  its  own  members,  and  a  majority  of  each  shall 
constitute  a  quorum  to  do  business ;  but  a  smaller  number  may 
adjourn  from  day  to  day,  and  may  be  authorized  to  compel  the 
attendance  of  absent  members,  in  such  manner,  and  under  such 
penalties,  as  each  house  may  provide. 

Each  house  may  determine  the  rules  of  its  proceedings,  punish 
its  members  for  disorderly  behavior,  and,  -with  the  concurrence  of 
two-thirds,  expel  a  member. 

Each  house  shall  keep  a  journal  of  its  proceedings,  and  from 
time  to  time  publish  the  same,  excepting  such  parts  as  may,  in  their 
judgment,  require  secrecy;  and  the  yeas  and  nays  of  the  members 
of  either  house  on  any  question  shall,  at  the  desire  of  one-fifth  of 
those  present,  be  entered  on  the  journal. 

Neither  house,  during  the  session  of  Congress,  shall,  without 
consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any 
other  place  than  that  in  which  the  two  houses  shall  be  sitting. 


APPENDIX  265 

COMPENSATION    OF    MEMBERS 

SEC.  6.  The  Senators  and  Representatives  shall  receive  a  com- 
pensation, for  their  services,  to  be  ascertained  by  law,  and  paid  out 
of  the  Treasury  of  the  United  States.  They  shall  in  all  cases, 
except  treason,  felony  and  breach  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at  the  session  of  their  respective 
houses,  and  in  going  to  and  returning  from  the  same ;  and  for  any 
speech  or  debate  in  either  house,  they  shall  not  be  questioned  in 
any  other  place. 

No  Senator  or  Representative  shall,  during  the  time  for  which 
he  was  elected,  be  appointed  to  any  civil  office  under  the  authority 
of  the  United  States,  which  shall  have  been  created,  or  the  emolu- 
ments whereof  shall  have  been  increased  during  such  time ;  and  no 
person  holding  any  office  under  the  United  States,  shall  be  a  mem- 
ber of  either  house  during  his  continuance  in  office. 

MANNER    OF    PASSING    BILLS 

SEC.  7.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives;  but  the  Senate  may  propose  or  concur 
with  amendments  as  on  other  bills. 

Every  bill  which  shall  have  passed  the  House  of  Representatives 
and  the  Senate,  shall,  before  it  becomes  a  law,  be  presented  to  the 
President  of  the  United  States ;  if  he  approve,  he  shall  sign  it,  but 
if  not,  he  shall  return  it,  with  his  objections,  to  that  house  in  which 
it  shall  have  originated,  who  shall  enter  the  objections  at  large  on 
their  journal,  and  proceed  to  reconsider  it.  If,  after  such  reconsid- 
eration, two-thirds  of  that  house  shall  agree  to  pass  the  bill,  it  shall 
be  sent,  together  with  the  objections,  to  the  other  house,  by  which 
it  shall  likewise  be  reconsidered,  and  if  approved  by  two-thirds  of 
that  house,  it  shall  become  a  law.  But  in  all  such  cases  the  votes 
of  both  houses  shall  be  determined  by  yeas  and  nays,  and  the  names 
of  the  persons  voting  for  and  against  the  bill  shall  be  entered  on  the 
journal  of  each  house  respectively.  If  any  bill  shall  not  be  returned 
by  the  President  within  ten  days  (Sundays  excepted)  after  it  shall 
have  been  presented  to  him,  the  same  shall  be  a  law,  in  like  manner 
as  if  he  had  signed  it,  unless  the  Congress  by  their  adjournment 
prevents  its  return,  in  which  case  it  shall  not  be  a  law. 

Every  order,  resolution  or  vote,  to  which  the  concurrence  of  the 
Senate  and  House  of  Representatives  may  be  necessary  (except  on 
a  question  of  adjournment),  shall  be  presented  to  the  President  of 
the  United  States;  and  before  the  same  shall  take  effect,  shall  be 


266  ILLINOIS  AND  THE  NATION 

approved  by  him,  or  being  disapproved  by  him,  shall  be  repassed  by 
two-thirds  of  the  Senate  and  House  of  Representatives,  according 
to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

POWER  OF  CONGRESS 

SEC.  8.  The  Congress  shall  have  power  to  lay  and  collect  taxes, 
duties,  imposts  and  excises,  to  pay  the  debts  and  provide  for  the 
common  defense  and  general  welfare  of  the  United  States;  but  all 
duties,  imposts  and  excises  shall  be  uniform  throughout  the  United 
States ; 

To  borrow  money  on  the  credit  of  the  United  States ; 

To  regulate  commerce  with  foreign  nations,  and  among  the  sev- 
eral states,  and  with  the  Indian  tribes; 

To  establish  an  uniform  rule  of  naturalization,  and  uniform  laws 
on  the  subject  of  bankruptcies  throughout  the  United  States; 

To  coin  money,  regulate  the  value  thereof,  and  of  foreign  coin, 
and  fix  the  standard  of  weights  and  measures; 

To  provide  for  the  punishment  of  counterfeiting  the  securities 
and  current  coin  of  the  United  States; 

To  establish  post  offices   and  post   roads; 

To  promote  the  progress  of  science  and  useful  arts,  by  securing 
for  limited  times  to  authors  and  inventors  the  exclusive  right  to 
their  respective  writings  and  discoveries ; 

To  constitute  tribunals  inferior  to  the   supreme  court ; 

To  define  and  punish  piracies  and  felonies  committed  on  the 
high  seas,  and  offenses  against  the  law  of  nations; 

To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make 
rules  concerning  captures  on  land  and  water; 

To  raise  and  support  armies,  but  no  appropriation  of  money  to 
that  use  shall  be  for  a  longer  term  than  two  years ; 

To  provide  and  maintain  a  navy; 

To  make  rules  for  the  government  and  regulation  of  the  land 
and  naval  forces; 

To  provide  for  calling  forth  the  militia  to  execute  the  laws  of 
the  Union,  suppress  insurrections,  and  repel  invasions ; 

To  provide  for  organizing,  arming,  and  disciplining  the  militia, 
and  for  governing  such  part  of  them  as  may  be  employed  in  the 
service  of  the  United  States,  reserving  to  the  states  respectively  the 
appointment  of  the  officers,  and  the  authority  of  training  the  militia 
according  to  the  discipline  prescribed  by  Congress; 

To  exercise  exclusive  legislation  in  all  cases  whatsoever,  over 


APPENDIX  267 

such  district  (not  exceeding  ten  miles  square)  as  may,  by  cession 
of  particular  states,  and  the  acceptance  of  Congress,  become  the 
seat  of  the  government  of  the  United  States,  and  to  exercise  like 
authority  over  all  places  purchased  by  the  dbnsent  of  the  legislature 
of  the  state  in  which  the  same  shall  be,  for  the  erection  of  forts, 
magazines,  arsenals,  dockyards,  and  other  needful  buildings;  and 

To  make  all  laws  which  shall  be  necessary  and  proper  for  carry- 
ing into  execution  the  foregoing  powers,  and  all  other  powers 
vested  by  this  constitution  in  the  government  of  the  United  States, 
or  in  any  department  or  officer  thereof. 

LIMITATION   OF  THE  POWER   OF   CONGRESS 

SEC.  9.  The  migration  or  importation  of  such  persons  as  any 
of  the  states  now  existing  shall  think  proper  to  admit,  shall  not  be 
prohibited  by  the  Congress  prior  to  the  year  one  thousand  eight 
hundred  and  eight,  but  a  tax  or  duty  may  be  imposed  on  such  im- 
portation, not  exceeding  ten  dollars  for  each  person. 

The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  when  in  cases  of  rebellion  or  invasion  the  public  safety  may 
require  it. 

No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

No  capitation,  or  other  direct  tax  shall  be  laid,  unless  in  pro- 
portion to  the  census  or  enumeration  hereinbefore  directed  to  be 
taken. 

No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  state. 

No  preference  shall  be  given  by  any  regulation  of  commerce  of 
revenue  to  the  ports  of  one  state  over  those  of  another;  nor  shall 
vessels  bound  to,  or  from,  one  state,  be  obliged  to  enter,  clear  or  pay 
duties  in  another. 

No  money  shall  be  drawn  from  the  treasury,  but  in  consequence 
of  appropriations  made  by  law;  and  a  regular  statement  and  account 
of  the  receipts  and  expenditures  of  all  public  money  shall  be  pub- 
lished from  time  to  time. 

No  title  of  nobility  shall  be  granted  by  the  United  States ;  and 
no  person  holding  any  office  of  profit  or  trust  under  them  shall, 
without  the  consent  of  the  Congress,  accept  of  any  present,  emolu- 
ment, office  or  title,  of  any  kind  whatever,  from  any  king,  prince  or 
foreign  state. 

LIMITATIONS   OF   THE   POWERS   OF   THE  INDIVIDUAL   STATES 

SEC.  10.     No  state  shall  enter  into  any  treaty,  alliance,  or  con- 


268  ILLINOIS  AND  THE  NATION 

federation;  grant  letters  of  marque  or  reprisal;  coin  money;  emit 
bills  of  credit ;  make  anything  but  gold  and  silver  coin  a  tender  in 
payment  of  debts;  pass  any  bill  of  attainder,  ex  post  facto  law,  or 
law  impairing  the  obligation  of  contracts  or  grant  any  title  of 
nobility. 

No  state  shall,  without  the  consent  of  the  Congress,  lay  any  im- 
posts or  duties  on  imports  or  exports,  except  what  may  be  abso- 
lutely necessary  for  executing  its  inspection  laws ;  and  the  net  pro- 
duce of  all  duties  and  imposts,  laid  by  any  state  on  imports  or 
exports,  shall  be  for  the  use  of  the  Treasury  of  the  United  States ; 
and  all  such  laws  shall  be  subject  to  the  revision  and  control  of  the 
Congress. 

No  state  shall,  without  the  consent  of  Congress,  lay  any  duty  of 
tonnage,  keep  troops,  or  ships  of  war  in  time  of  peace,  enter  into 
any  agreement  or  compact  with  another  state,  or  with  a  foreign 
power,  or  engage  in  war,  unless  actually  invaded,  or  in  such  immi- 
nent danger  as  will  not  admit  of  delay. 

ARTICLE  II 

EXECUTIVE    POWER 

SECTION  i.  The  executive  power  shall  be  vested  in  a  Presi- 
dent of  the  United  States  of  America.  He  shall  hold  his  office 
during  the  term  of  four  years,  and  together  with  the  Vice-Presi- 
dent, chosen  for  the  same  term,  be  elected  as  follows : 

MANNER  OF  ELECTING 

Each  state  shall  appoint,  in  such  manner  as  the  legislature 
thereof  may  direct,  a  number  of  electors,  equal  to  the  whole  num- 
ber of  Senators  and  Representatives  to  which  the  state  may  be 
entitled  in  the  Congress ;  but  no  Senator  or  Representatives,  or 
person  holding  an  office  of  trust  or  profit  under  the  United  States, 
shall  be  appointed  an  elector. 

(The  following  provisions  were  changed  by  the  I2th  amend- 
ment.) 

The  electors  shall  meet  in  their  respective  states,  and  vote  by 
ballot  for  two  persons,  of  whom  one  at  least  shall  not  be  an  inhabit- 
ant.of  the  same  state  as  themselves.  And  they  shall  make  a  list  of 
all  the  persons  voted  for,  and  of  the  number  of  votes  for  each; 
which  list  they  shall  sign  and  certify,  and  transmit  sealed  to  the 
seat  of  the  government  of  the  United  States,  directed  to  the  presi- 


APPENDIX  269 

dent  of  the  Senate.  The  president  of  the  Senate  shall,  in  the 
presence  of  the  Senate  and  House  of  Representatives,  open  all  the 
certificates,  and  the  votes  shall  then  be  counted.  The  person  having 
the  greatest  number  of  votes  shall  be  the  President,  if  such  number 
be  a  majority  of  the  whole  number  of  electors  appointed;  and  if 
there  be  more  than  one  who  have  such  majority,  and  have  an  equal 
number  of  votes,  then  the  House  of  Representatives  shall  imme- 
diately chose  by  ballot  one  of  them  for  President;  and  if  no  person 
have  a  majority,  then  from  the  five  highest  on  the  list  the  said 
House  shall  in  like  manner  choose  the  President.  But  in  choosing 
the  President,  the  votes  shall  be  taken  by  states,  the  representation 
from  each  state  having  one  vote ;  a  quorum  for  this  purpose  shall 
consist  of  a  member  or  members  from  two-thirds  of  the  states, 
and  a  majority  of  all  the  states  shall  be  necessary  to  a  choice.  In 
every  case,  after  the  choice  of  the  President,  the  person  having 
the  greatest  number  of  votes  of  the  electors  shall  be  the  Vice-Presi- 
dent.  But  if  there  should  remain  two  or  more  who  have  equal 
votes,  the  Senate  shall  choose  from  them,  by  ballot,  the  Vice- 
President. 

TIME  OF  CHOOSING  ELECTORS 

The  Congress  may  determine  the  time  of  choosing  the  electors, 
and  the  day  on  which  they  shall  give  their  votes ;  which  day  shall  be 
the  same  throughout  the  United  States. 

WHO   ELIGIBLE 

No  person  except  a  natural  born  citizen,  or  a  citizen  of  the 
United  States  at  the  time  of  the  adoption  of  this  Constitution, 
shall  be  eligible  to  the  office  of  President ;  neither  shall  any  person 
be  eligible  .to  that  office  who  shall  not  have  attained  the  age  of 
thirty-five  years,  and  been  fourteen  years  a  resident  within  the 
United  States. 


WHEN    THE    PRESIDENT  S    POWER    DEVOLVES    ON    THE    VICE-PRESIDENT 

In  case  of  the  removal  of  the  President  from  office,  or  of  his 
death,  resignation  or  inability  to  discharge  the  powers  and  duties  of 
the  said  office,  the  same  shall  devolve  on  the  Vice-President,  and 
the  Congress  may  by  law  provide  for  the  case  of  removal,  death, 
resignation  or  inability,  both  of  the  President  and  Vice-President, 
declaring  what  officer  shall  then  act  as  President,  and  such  officer 


270  ILLINOIS  AND  THE  NATION 

shall  act  accordingly  until  the  disability  be  removed,  or  a  President 
shall  be  elected. 

PRESIDENT'S  COMPENSATION 

The  President  shall,  at  stated  times,  receive  for  his  services  a 
compensation  which  shall  neither  be  increased  nor  diminished  during 
the  period  for  which  he  shall  have  been  elected,  and  he  shall  not 
receive  within  that  period  any  other  emolument  from  the  United 
States,  or  any  of  them. 

OATH 

Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the 
following  oath  or  affirmation :  "I  do  solemnly  swear  (or  affirm) 
that  I  will  faithfully  execute  the  office  of  President  of  the  United 
States,  and  will,  to  the  best  of  my  ability,  preserve,  protect  and  de- 
fend the  Constitution  of  the  United  States." 

POWERS    AND   DUTIES 

SEC.  2.  The  President  shall  be  Commander-in-Chief  of  the 
army  and  navy  of  the  United  States,  and  of  the  militia  of  the 
several  states  when  called  into  the  actual  service  of  the  United 
States ;  he  may  require  the  opinion,  in  writing,  of  the  principal 
officer  in  each  of  the  executive  departments,  upon  any  subject  relat- 
ing to  the  duties  of  their  respective  offices,  and  he  shall  have  power 
to  grant  reprieves  and  pardons  for  offenses  against  the  United 
States,  except  in  cases  of  impeachment. 

He  shall  have  power,  by  and  with  the  advice  and  consent  of  the 
Senate,  to  make  treaties,  provided  two-thirds  of  the  Senators  present 
concur;  and  he  shall  nominate,  and  by  and  with  the  advice  and  con- 
sent of  the  Senate,  shall  appoint  ambassadors,  other  public  min- 
isters and  consuls,  judges  of  the  supreme  court,  and  all  other 
officers  of  the  United  States,  whose  appointments  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by  law;  but 
the  Congress  may  by  law  vest  the  appointment  of  such  inferior 
officers,  as  they  think  proper,  in  the  President  alone,  in  the  courts  of 
law,  or  in  the  heads  of  departments. 

The  President  shall  have  power  to  fill  up  all  vacancies  that  may 
happen  during  the  recess  of  the  Senate,  by  granting  commissions 
which  shall  expire  at  the  end  of  their  next  session. 

SEC.  3.  He  shall,  from  time  to  time,  give  to  the  Congress 
information  of  the  state  of  the  Union,  and  recommend  to  their 
consideration  such  measures  as  he  shall  judge  necessary  and  expe-' 


APPENDIX  271 

dient ;  he  may,  on  extraordinary  occasions,  convene  both  houses 
or  either  of  them,  and  in  case  of  disagreement  between  them,  with 
respect  to  the  time  of  adjournment,  he  may  adjourn  them  to  such 
time  as  he  shall  think  proper;  he  shall  receive  ambassadors  and 
other  public  ministers;  he  shall  take  care  that  the  laws  be  faithfully 
executed,  and  shall  commission  all  the  officers  of  the  United  States. 

OFFICERS  REMOVED 

SEC.  4.  The  President,  Vice-President,  and  all  civil  officers  of 
the  United  States,  shall  be  removed  from  office,  on  impeachment  for, 
and  conviction  of,  treason,  bribery,  or  other  high  crimes  and  misde- 
meanors. 

ARTICLE  III 

THE   JUDICIARY 

SECTION  i.  The  judicial  power  of  the  United  States  shall  be 
vested  in  one  supreme  court,  and  in  such  inferior  courts  as  the 
Congress  may  from  time  to  time  ordain  and  establish.  The  judges, 
both  of  the  supreme  and  inferior  courts,  shall  hold  their  offices 
during  good  behavior,  and  shall,  at  stated  times,  receive  for  their 
services  a  compensation  which  shall  not  be  diminished  during  their 
continuance  in  office. 

(The  following  provision  was  altered  by  the  nth  Amendment.) 
SEC.  2.  The  judicial  power  shall  extend  to  all  cases,  in  law 
and  equity,  arising  under  this  Constitution,  the  laws  of  the  United 
States,  and  treaties  made,  or  which  shall  be  made,  under  their 
authority;  to  all  cases  affecting  ambassadors,  other  public  ministers 
and  consuls;  to  all  cases  of  admiralty  and  maritime  jurisdiction,  to 
controversies  to  which  the  United  States  shall  be  a  party;  to  con- 
troversies between  two  or  more  states,  between  a  state  and  citizens 
of  another  state ;  between  citizens  of  different  states ;  between  citi- 
zens of  the  same  state  claiming  lands  under  grants  of  different 
states,  and  between  a  state,  or  the  citizens  thereof,  and  foreign 
states,  citizens  or  subjects. 

JURISDICTION    OF   SUPREME   COURT 

In  all  cases  affecting  ambassadors,  other  public  ministers  and 
consuls,  and  those  in  which  a  state  shall  be  a  party,  the  supreme 
court  shall  have  original  jurisdiction.  In  all  the  other  cases  be- 
fore mentioned,  the  supreme  court  shall  have  appellate  jurisdiction 
both  as  to  law  and  fact,  with  such  exceptions  and  under  such  regu- 
lations as  the  Congress  shall  make. 


272  ILLINOIS  AND  THE  NATION 

TRIALS  FOR  CRIMES 

The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be 
by  jury;  and  such  trial  shall  be  held  in  the  state  where  the  said 
crimes  shall  have  been  committed;  but  when  not  committed  within 
any  state,  the  trial  shall  be  at  such  place  or  places  as  the  Congress 
may  by  law  have  directed. 

TREASON 

SEC.  3.  Treason  against  the  United  States  shall  consist  only  in 
levying  war  against  them,  or  in  adhering  to  their  enemies,  giving 
them  aid  and  comfort. 

No  person  shall  be  convicted  of  treason  unless  on  the  testimony 
of  two  witnesses  to  the  same  overt  act,  or  on  confession  in  open 
court. 

The  Congress  shall  have  power  to  declare  the  punishment  of 
treason,  but  no  attainder  of  treason  shall  work  corruption  of  blood, 
or  forfeiture,  except  during  the  life  of  the  person  attainted. 

ARTICLE   IV 

STATE    ACTS 

SECTION  I.  Full  faith  and  credit  shall  be  given  in  each  state 
to  the  public  acts,  records  and  judicial  proceedings  of  every  other 
state.  And  the  Congress  may,  by  general  laws,  prescribe  the 
manner  in  which  such  acts,  records  and  proceedings  shall  be  proved, 
and  the  effect  thereof. 

PRIVILEGES   OF  CITIZENS 

SEC.  2..  The  citizens  of  each  state  shall  be  entitled  to  all  priv- 
ileges and  immunities  of  citizens  in  the  several  states. 

A  person  charged  in  any  state  with  treason,  felony,  or  other 
crime,  who  shall  flee  from  justice,  and  be  found  in  another  state, 
shall,  on  demand  of  the  executive  authority  of  the  state  from  which 
he  fled,  be  delivered  up  to  be  removed  to  the  state  having  jurisdic- 
tion of  the  crime. 

RUNAWAYS    TO    BE    DELIVERED   UP 

No  person  held  to  service  or  labor  in  one  state,  under  the  laws 
thereof,  escaping  into  another,  shall,  in  consequence  of  any  law  or 
regulation  thereof,  be  discharged  from  such  service  or  labor,  but 
shall  be  delivered  upon  claim  of  the  party  to  whom  such  service  or 
labor  may  be  due. 


APPENDIX  273 

NEW    STATES 

SEC.  3.  New  states  may  be  admitted  by  the  Congress  into  this 
union ;  but  no  new  state  shall  be  formed  or  erected  within  the 
jurisdiction  of  any  other  state;  nor  any  state  be  formed  by  the 
junction  of  two  or  more  states,  or  parts  of  states,  without  the 
consent  of  the  states  concerned  as  well  as  of  the  Congress. 

TERRITORIAL   AND   OTHER   PROPERTY 

The  Congress  shall  have  power  to  dispose  of,  and  make  all  need- 
ful rules  and  regulations  respecting  the  territory,  or  this  property 
belonging  to  the  United  States ;  and  nothing  in  this  Constitution 
shall  be  so  construed  as  to  prejudice  any  claims  of  the  United  States, 
or  of  any  particular  state. 

SEC.  4.  The  United  States  shall  guarantee  to  every  state  in 
this  union  a  republican  form  of  government,  and  shall  protect  each 
of  them  against  invasion ;  and,  on  application  of  the  legislature,  or 
of  the  executive  (when  the  legislature  cannot  be  convened)  against 
domestic  violence. 

ARTICLE  V 

AMENDMENTS 

The  Congress,  whenever  two-thirds  of  both  houses  shall  deem  it 
necessary,  shall  propose  amendments  to  this  Constitution ;  or,  on 
the  application  of  the  legislatures  of  two-thirds  of  the  several 
states,  shall  call  a  convention  for  proposing  amendments,  which,  in 
either  case,  shall  be  valid  to  all  intents  and  purposes,  as  part  of 
this  Constitution,  when  ratified  by  the  legislatures  of  three-fourths  of 
the  several  states,  or  by  conventions  in  three-fourths  thereof,  as  the 
one  or  the  other  mode  of  ratification  may  be  proposed  by  Congress ; 
Provided,  that  no  amendment  which  may  be  made  prior  to  the  year 
one  thousand  eight  hundred  and  eight,  shall  in  any  manner  affect 
the  first  and  fourth  clauses  in  the  ninth  section  of  the  first  article; 
and  that  no  state,  without  its  consent,  shall  be  deprived  of  its  equal 
suffrage  in  the  Senate. 

ARTICLE  VI 

DEBTS 

All  debts  contracted,  and  engagements  entered  into,  before  the 
adoption  of  this  Constitution,  shall  be  as  valid  against  the  United 
States  under  this  Constitution  as  under  the  Confederation. 


274  ILLINOIS  AND  THE  NATION 

SUPREME  LAW   OF  THE  LAND 

This  Constitution,  and  the  laws  of  the  United  States  which  shall 
be  made  in  pursuance  thereof,  and  all  treaties  made,  -or  which  shall 
be  made,  under  the  authority  of  the  United  States,  shall  be  the  su- 
preme law  of  the  land;  and  the  judges  in  every  state  shall  be  bound 
thereby,  anything  in  the  constitution  or  laws  of  any  state  to  the 
contrary  notwithstanding. 

OATH — NO  RELIGIOUS  TEST 

The  Senators  and  Representatives  before  mentioned,  and  the 
members  of  the  several  stale  legislatures,  and  all  executive  and 
judicial  officers,  both  of  the  United  States  and  of  the  several  states, 
shall  be  bound  by  oath  or  affirmation  to  support  this  Constitution ; 
but  no  religious  test  shall  ever  be  required  as  a  qualification  to  any 
office,  or  public  trust,  under  the  United  States. 

ARTICLE  VII 

The  ratifications  of  the  conventions  of  nine  states  shall  be  suffi- 
cient for  the  establishment  of  this  Constitution  between  the  states 
so  ratifying  the  same. 

Done  in  convention,  by  the  unanimous  consent  of  the  states  pres- 
ent,  the  seventeenth  day  of   September,  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  eighty-seven,  and  of 
the  independence  of  the  United  States  of  America  the  twelfth. 
In  witness  whereof  we  have  hereunto  subscribed  our  names. 
GEORGE  WASHINGTON, 
President  and  Deputy  from  Virginia. 

New  Hampshire — John  Langdon,  Nicholas  Gilman.  Massachu- 
setts— Nathaniel  Gorhan,  Rufus  King.  Connecticut — William 
Samuel  Johnson,  Roger  Sherman.  New  York — Alexander  Hamilton, 
New  Jersey — William  Livingston,  David  Brearley,  William  Patter- 
son, Jonathan  Dayton.  Pennsylvania — Benjamin  Franklin,  Thomas 
Mifflin,  Robert  Morris,  George  Clymer,  Thomas  Fitzsimons,  Jared 
Ingersoll,  James  Wilson,  Gouverneur  Morris.  Delaware — George 
Read,  Gunning  Bedford,  Jr.,  John  Dickinson,  Richard  Bassett,  Jacob 
Broom.  Maryland — James  M'Henry,  Daniel  of  St.  Tho.  Jenifer, 
Daniel  Carroll.  Virginia — John  Blair,  James  Madison,  Jr.  North 
Carolina — William  Blount,  Richard  Spaight,  Hugh  Williamson. 
South  Carolina — John  Rutledge,  C.  Coatesworth  Pinckney,  Charles 
Pinckney,  Pierce  Butler.  Georgia — William  Few,  Abraham  Baldwin. 

Attest:  WILLIAM  JACKSON,  Secretary. 


APPENDIX  275 

AMENDMENTS  TO  THE  CONSTITUTION 

[The  first  ten  amendments  were  proposed  by  Congress  at  their 
first  session,  in  1789,  and  ratified  by  the  states  in  1791.] 

I 

FREE  EXERCISE  OF  RELIGION 

Congress  shall  make  no  law  respecting  an  establishment  of  re- 
ligion, or  prohibiting  a  free  exercise  thereof ;  or  abridging  the  free- 
dom of  speech,  or  of  the  press ;  or  the  right  of  the  people  peaceably 
to  assemble,  and  to  petition  the  government  for  a  redress  of  griev- 
ances. 

II 

RIGHT  TO  BEAR  ARMS 

A  well-regulated  militia  being  necessary  to  the  security  of  a  free 
state,  the  right  of  the  people  to  keep  and  bear  arms  shall  not  be  in- 
fringed. 

Ill 

QUARTERING  OF  SOLDIERS 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner;  nor  in  time  of  war,  but  in  a 
manner  to  be  prescribed  by  law. 

IV 

UNREASONABLE   SEARCHES   PROHIBITED 

The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers  and  effects,  against  unreasonable  searches  and  seizures,  shall 
not  be  violated;  and  no  warrants  shall  issue  but  upon  probable 
cause,  supported  by  oath  or  affirmation,  and  particularly  describing 
the  place  to  be  searched,  and  the  persons  or  things  to  be  seized. 

V 

CRIMINAL   PROCEEDINGS 

No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  in- 
famous crime,  unless  on  a  presentation  or  indictment  of  a  grand 
jury,  except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
militia,  when  in  actual  service,  in  time  of  war  or  public  danger;  nor 


276  ILLINOIS  AND  THE  NATION 

shall  any  person  be  subject  for  the  same  offense  to  be  put  twice  in 
jeopardy  of  life  or  limb;  nor  shall  be  compelled,  in  any  criminal 
case,  to  be  a  witness  against  himself ;  nor  be  deprived  of  life,  liberty 
or  property,  without  due  process  of  law ;  nor  shall  private  property 
be  taken  for  public  use  without  just  compensation. 

VI 

MODE  OF  TRIAL 

In  all  criminal  prosecutions  the  accused  shall  enjoy  the  right  to  a 
speedy  and  public  trial,  by  an  impartial  jury  of  the  state  and  dis- 
trict wherein  the  crime  shall  have  been  committed,  which  district 
shall  have  been  previously  ascertained  by  law,  and  to  be  informed 
of  the  nature  and  cause  of  the  accusation ;  to  be  confronted  with  the 
witnesses  against  him;  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor ;  and  to  have  the  assistance  of  counsel  for  his 
defense. 

VII 

RIGHT   OF  TRIAL  BY   JURY 

In  suits  of  common  law,  where  the  value  in  controversy  shall  ex- 
ceed twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved; 
and  no  fact  tried  by  jury  shall  be  otherwise  re-examined  in  any 
court  of  the  United  States  than  according  to  the  rules  of  the  com- 
mon law. 

VIII 

BAIL   AND   FINES 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed 
nor  cruel  and  unusual  punishments  inflicted. 

IX 

RIGHTS    NOT   ENUMERATED 

The  enumeration  in  the  Constitution  of  certain  rights,  shall  not 
be  construed  to  deny  or  disparage  others  retained  by  the  people. 

X 

POWERS  RESERVED 

The  powers  not  delegated  to  the  United  States  by  the  Consti- 
tution, nor  prohibited  by  it  to  the  states,  are  reserved  to  the  states 
respectively  or  to  the  people. 


APPENDIX  277 

XI 

[Ratified  in  1798] 

LIMITATION    OF   JUDICIAL   POWERS 

The  judicial  power  of  the  United  States  shall  not  be  construed 
to  extend  to  any  suit  in  law  of  equity  commenced  or  prosecuted 
against  one  of  the  United  States  by  citizens  of  another  state,  or 
by  citizens  or  subjects  of  any  foreign  state. 

XII 
[Ratified  in  1804] 

ELECTION  OF  PRESIDENT 

The  electors  shall  meet  in  their  respective  states,  and  vote  by 
ballot  for  President  and  Vice-President,  one  of  whom,  at  least,  shall 
not  be  an  inhabitant  of  the  same  state  with  themselves ;  they  shall 
name  in  their  ballots  the  person  voted  for  as  President,  and  in  dis- 
tinct ballots  the  person  voted  for  as  Vice-President;  and  they  shall 
make  distinct  lists  of  all  persons  voted  for  as  President,  and  of  all 
persons  voted  for  as  Vice-President,  and  of  the  number  of  votes  for 
each,  which  list  they  shall  sign  and  certify,  and  transmit  sealed  to 
the  seat  of  the  government  of  the  United  States,  directed  to  the 
president  of  the  Senate.  The  president  of  the  Senate  shall  in  the 
presence  of  the  Senate  and  House  of  Representatives,  open  all  the 
certificates,  and  the  votes  shall  then  be  counted.  The  person  having 
the  greatest  number  of  votes  for  President  shall  be  the  President,  if 
such  number  be  a  majority  of  the  whole  number  of  electors  ap- 
pointed ;  and  if  no  person  have  such  a  majority,  then  from  the 
persons  having  the  highest  numbers,  not  exceeding  three,  on  the 
list  of  those  voted  for  as  President,  the  House  of  Representatives 
shall  choose  immediately,  by  ballot,  the  President.  But  in  choosing 
the  President,  the  vote  shall  be  taken  by  states,  the  representation 
from  each  state  having  one  vote.  A  quorum  for  this  purpose  shall 
consist  of  a  member  or  members  from  two-thirds  of  the  states  and 
a  majority  of  all  the  states  shall  be  necessary  to  a  choice.  And  if 
the  House  of  Representatives  shall  not  choose  a  President,  whenever 
the  right  of  choice  shall  devolve  upon  them,  before  the  fourth 
day  of  March  next  following,  then  the  Vice-President  shall  act  as 
President,  as  in  the  case  of  death  or  other  constitutional  disability 
of  the  President. 


278  ILLINOIS  AND  THE  NATION 

The  person  having  the  greatest  number  of  votes  as  Vice-Presi- 
dent shall  be  the  Vice-President,  if  such  number  be  a  majority  of 
the  whole  number  of  electors  appointed;  and  if  no  person  have 
a  majority,  then  from  the  two  highest  numbers  on  the  list,  the 
Senate  shall  choose  the  Vice-President.  A  quorum  for  that  purpose 
shall  consist  of  two-thirds  of  the  whole  number  of  Senators,  and 
a  majority  of  the  whole  number  shall  be  necessary  to  a  choice. 

But  no  person  constitutionally  ineligible  to  the  office  of  President 
shall  be  eligible  to  that  of  Vice-President  of  the  United  States. 

XIII 
[Ratified  in  1865] 

SLAVERY 

SECTION  i.  Neither  slavery  nor  involuntary  servitude,  except 
as  a  punishment  for  crime,  whereof  the  party  shall  have  been  duly 
convicted,  shall  exist  within  the  United  States,  or  any  place  subject 
to  their  jurisdiction. 

SEC.  2.  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

XIV 

[Ratified  in  1868] 

CITIZENSHIP 

SECTION  i.  All  persons  born  or  naturalized  in  the  United 
States,  and  subject  to  the  jurisdiction  thereof,  are  citizens  of  the 
United  States,  and  of  the  state  wherein  they  reside.  No  state  shall 
make  or  enforce  any  law  which  shall  abridge  the  privileges  and 
immunities  of  citizens  of  the  United  States.  Nor  shall  any  state 
deprive  any  person  of  life,  liberty  or  property,  without  due  process 
of  law,  nor  deny  to  any  person  within  its  jurisdiction  the  equal 
protection  of  the  laws. 

SEC.  2.  Representatives  shall  be  apportioned  among  the  several 
states  according  to  their  respective  numbers,  counting  the  whole 
number  of  persons  in  each  state,  excluding  Indians  not  taxed ;  but 
whenever  the  right  to  vote  at  any  election  of  electors  for  President 
and  Vice-President  of  the  United  States,  Representative  in  Con- 
gress, executive  and  judicial  officers  of  a  state,  or  the  members  of 
the  legislature  thereof,  is  denied  to  any  of  the  male  inhabitants  of 
such  state,  being  twenty-one  years  of  age  and  citizens  of  the  United 
States,  or  in  any  way  abridged,  except  for  participation  in  rebellion 


APPENDIX  279 

or  other  crime,  the  basis  of  representation  therein  shall  be  reduced 
in  the  proportion  which  the  number  of  such  male  citizens  shall  bear 
to  the  whole  number  of  male  citizens  twenty-one  years  of  age  in 
that  state. 

SEC.  3.  No  person  shall  be  a  Senator  or  Representative  in 
Congress,  elector  of  President  and  Vice-President,  or  hold  any 
office,  civil  or  military,  under  the  United  States,  or  under  any  state, 
who,  having  previously  taken  an  oath  as  a  member  of  Congress,  or 
as  an  officer  of  the  United  States,  or  as  a  member  of  any  state 
legislature,  or  as  an  executive  or  judicial  officer  of  any  state,  to 
support  the  Constituton  of  the  United  States,  shall  have  engaged  in 
insurrection  or  rebellion  against  the  same,  or  given  aid  or  comfort 
to  the  enemies  thereof ;  but  Congress  may  by  a  vote  of  two-thirds 
of  each  House,  remove  such  disability. 

SEC.  4.  The  validity  of  the  public  debt  of  the  United  States 
authorized  by  law,  including  debts  incurred  for  the  payment  of 
pensions  and  bounties  for  service  in  suppressing  insurrection  or 
rebellion,  shall  not  be  questioned;  but  neither  the  United  States  nor 
any  state  shall  assume  to  pay  any  debt  or  obligation  incurred  in 
aid  of  insurrection  or  rebellion  against  the  United  States,  or  any 
claim  for  the  loss  or  emancipation  of  any  slave,  but  all  such  debts, 
obligations,  and  claims  shall  be  illegal  and  void. 

SEC.  5.  The  Congress  shall  have  power  to  enforce,  by  appro- 
priate legislation,  the  provisions  of  this  article. 

XV 
[Ratified  in  1870] 

RIGHT  TO  VOTE 

SECTION  i.  The  right  of  citizens  of  the  United  States  to  vote 
shall  not  be  denied  or  abridged  by  the  United  States  or  by  any  state, 
on  account  of  race,  color,  or  previous  condition  of  servitude. 

SEC.  2.  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

XVI 

[Ratified  in  1913] 

INCOME  TAX 

The  Congress  shall  have  power  to  lay  and  collect  taxes  on  in- 
comes, from  whatever  source  derived,  without  apportionment  among 
the  several  states,  and  without  regard  to  any  census  or  enumeration. 


280  ILLINOIS  AND  THE  NATION 

XVII 
[Ratified  in  1913] 

DIRECT    ELECTION    OF    SENATORS 

SECTION  i.  The  Senate  of  the  United  States  shall  be  com- 
posed of  two  Senators  from  each  state,  elected  by  the  people  thereof 
for  six  years,  and  each  Senator  shall  have  one  vote.  The  electors 
in  each  state  shall  have  the  qualifications  requisite  for  electors 
of  the  most  numerous  branch  of  the  state  legislatures. 

SEC.  2.  When  vacancies  happen  in  the  representation  of  any 
state  in  the  Senate  the  executive  authority  of  such  state  shall  issue 
writs  of  election  to  fill  such  vacancies :  Provided,  that  the  legisla- 
ture of  any  state  may  empower  the  executive  thereof  to  make  tem- 
porary appointments  until  the  people  fill  the  vacancies  by  election 
as  the  legislature  may  direct. 

SEC.  3.  This  amendment  shall  not  be  so  construed  as  to  affect 
the  election  or  term  of  any  Senator  chosen  before  it  becomes  valid 
as  part  of  the  Constitution. 


INDEX 


INDEX 


Administration,  Board  of,  191 
Admission  of  States,  175 
Advisory  Vote  on   President,  150 
Agriculture,   Department   of,    163 
Agriculture,  State  Board  of,  190 
Aldermen,   79 
Alliances  of  States,  174 
Ambassadors,  159 
Amendments  to  the  Constitution, 

176,  275 

Anti-trust   Law,  133 
Apiaries,  State  Inspector  of,  204 
Appellate  Courts,  43 
Appointment,  Board  of,  75 
Appointments,  Presidential,   153 
Arbitration,  State  Board  of,  200 
Architect,  State,  203 
Architects,    Board  of    Examiners 

of,  202 

Army,  United  States,  138 
Art  Commission,  State,  196 
Articles  of  Confederation,  116 
Assessor,   73 

Attendance,  Compulsory,  104 
Attorney. General    of    the    United 

States,  162 

Attorney-General,   State,   41 
Auditor,  State,  39 
Australian  System,  67 

B 

Bankruptcy,  135 

Barbers,  Board  of  Examiners,  202 

Base   Line,  4 

Board  of  Appointment,  75 

Board  of  Arbitration,  State,  200 

Board  of  County     Commissioners, 

57 
Board  of  Examiners  of  Architects, 

202 


Board  of  Health,  76,  199 
Board  of  Pharmacy,  199 
Board  of  Review,  74 
Board  of  Supervisors,  54 
Board  of  Town  Auditors,  76 
Boards  of  Education,  105 
Boundary  of  Illinois,  2 


Cabinet,  President's,  164 

Canal   Commissioners,  200 

Canvassing  Board,  188 

Capitals  of  Illinois,  2 

Certificates,  State,  92 

Charitable  Institutions,  State,  108, 
183 

Charities  Commissions,  198 

Circuit  Courts  of  Appeal,  170 

Circuit  Courts,  State,  44 

Circuits,  Judicial,  171,  208,  214 

Cities,  53 

Citizenship,  105,  172 

City  and  Village  Government,  79- 
89;  Aldermen,  79;  Attorney,  82; 
Cities  under  General  Law,  79; 
Cities  under  Special  Charters, 
79;  Clerk,  81;  Comptroller,  82; 
Corporation  Counsel,  82;  Coun- 
cil,  79;  Courts,  82;  Marshal,  83; 
Mayor,  80;  Policemen,  83;  Sal- 
ary of  Aldermen,  80;  Superin- 
tendent of  Streets,  82;  Taxes, 
80;  Treasurer,  81;  Wards,  79. 

Civics,  105 

Civil  Rights,  144,  175 

Civil  Service,  155 

Civil  Service  Commission,  State, 
194 

Coal  Mines,  Inspectors  of,  203 

Coasting  Trade,  144 

Coining  Money,  135 


283 


284 


INDEX 


Collector,  74 

Commerce,  132 

Commerce,  Department  of,  163 

Commission  Form  of  Municipal 
Government,  84-89;  Abandon- 
ment  of  Commission  Form,  89; 
Council,  85;  Election,  84;  Execu- 
tive Department,  86;  Initiative, 
87;  Nomination,  84;  Officers,  84; 
Organization,  84;  Recall,  88; 
Referendum,  87;  Salaries,  86 

Commissioner  of   Deeds,   205 

Commissioners  of   Labor,  197 

Commissioners  of  State  Contracts, 
189 

Commissioners  of  State  Library, 
189 

Commutations,  37 

Compulsory  Attendance,  104 

Congress,  118;  Adjournments,  127; 
Apportionments,  120;  Bills  for 
Revenue,  122;  Commerce,  132; 
Disabilities,  128;  Duties,  129, 
143,  175;  Eligibility,  119,  124; 
Impeachment,  122,  125;  Jour- 
nals, 127;  Meetings,  126;  Mem- 
bership, 126;  Oath,  128;  Officers, 
122,  124;  Powers,  128,  140;  Priv- 
ileges, 127;  Quorum,  126;  Rules, 
127;  Salaries,  127;  Taxes,  129, 
143;  Vacancies,  121;  Yeas  and 
Nays,  127 

Congressional   Apportionment,  120 

Congressional  Districts,  120,  20S, 
212 

Congressional  Township,  5,  49 

Congressmen  at  Large,  120 

Constables,  78 

Constitution  of  Illinois,  217 

Constitution  of  the  United  States, 
262 

Constitutional  Convention,  206 

Consuls,   159 

Contracts,  State,   31 

Conventions,  National,  149 

Cook    County    Commissioners,    57 

Cook  County  Courts,  46 

Copyrights,   137 

Coroner,  64 

Corporation  Counsel,  82 

Correction  Lines,  6 


Counterfeiting,  136 

Counties,  49,  208,  211 

Counties,   Population  of,  211 

County   Boundaries,  211 

County  Commissioners,  Board  of, 
57 

County  Government,  54-65;  Clerk, 
58;  Commissioners,  57;  Coroner, 
64;  Court,  61;  Executive  De- 
partment, 57;  Judicial  Depart- 
ment, 61;  Legislative  Depart- 
ment, 54;  Recorder,  59;  Seat,  54; 
Superintendent  of  Highways, 
60;  Superintendent  of  Schools, 
94;  Surveyor,  60;  Tax,  55;  Treas- 
urer, 59 

County  Organization,  52 

Court  of  Claims,  State,  44 

Court  of  Claims,  United  States, 
172 

Cruelty  to  Animals,  Officers  for 
Prevention  of,  205 


Deeds,  Commissioner  of,   205 
Dental  Examiners,  State  Board  of, 

202 

Department  of  Agriculture,  163 
Department  of  Commerce,   163 
Department  of  Justice,  162 
Department  of  Labor,  164 
Department  of  State,  158 
Department  of  the  Interior,  163 
Department  of  the  Navy,  162 
Department  of  War,  161 
Deportation  Agent,  State,  192 
Diplomatic  Bureau,  158 
Direct  Taxes,  143 
District  Courts,  171,   208 
District  of  Columbia,  139 
Districts,  Congressional,    208,    212 
Districts,   Judicial,   171,   208 
Districts,  Senatorial,  14,  208,  213 
Divisions  of  Sections,  10 
Divisions  of  the  State,  49,  53 
Domestic   Bureau,  160 
Double  Corners,  7 
Drainage,   33 
Duties,  129,  143,  175 


INDEX 


285 


Education,  90-107,  181 
Education,  Boards  of,  105 
Educational      Institutions,     State, 

108,   181 

Electoral  Count  Bill,  147 
Electoral   Districts,  208,  212,  213 
Electoral  System,  149 
Engineer,  Supervising,  192 
Entomologist,  State,  205 
Envoys,  159 

Equalization,  State  Board  of,  190 
Ex  Post  Facto  Laws,  143 
Examining  Board,  97 
Executive    Department,    National, 

145 

Executive  Department,  State,  33 
Exemption   Laws,  33 
Exports,  Duty  on,  143 


Factory  Inspector,  State,  203 
Farmers'   Institute,  183 
Fire  Marshal,  State,  115,  204 
Fish      and      Game      Conservation 

Commission,  193 
Fish  Culturlst,  194 
Food  Commissioner,  State,  115, 

203 

G 

Game  and  Fish  Conservation 
Commission,  193 

General  Assembly,  13-33;  Adjourn- 
ment, 23;  Bills,  24;  Committees, 
19;  Contempt,  22;  Disabilities  of 
members,  17;  Election  of  Mem- 
bers, 14;  Eligibility  of  Members, 
16;  Expulsion  of  Members,  22; 
Extra  Pay,  30;  Impeachment, 
30;  Journals,  23;  Membership, 
18;  Oath  of  Members,  16;  Offi- 
cers, 19;  Organization,  22;  Presi- 
dent of  Senate,  20;  Privileges  of 
Members,  17;  Quorum.  18; 
Rules,  18;  Salary  of  Members, 
17;  Speaker,  19;  Term  of  Mem- 
bers, 16;  Time  and  Place  of 
Meeting,  14;  Vacancies,  15;  Yeas 
and  Nays,  23 


Geological  Commission,  State,  190 

Geologist,  State,  189 

Governor,  33-37;  Appointment  of 
Officers,  36;  Command  of  Mili- 
tia, 37;  Election,  34;  Eligibility, 
35;  Executive  Power,  36;  Im. 
peachment,  31;  Message,  3<3; 
Oath,  35;  Pardons,  37;  Removal 
of  Officers,  37;  Reprieves,  37; 
Residence,  34;  Salary,  37;  Va- 
cancy, 35;  Veto,  26 

Grain  Inspectors,  204 

Grand  Jury,  46,  56 

Greenbacks,  132 

Guide  Meridians,  7 

H 

Habeas  Corpus,  142 
Health,  State  Board  of,  199 
Health,  Town  Board  of,  76 
High  School  Privileges,  104 
High  Schools,  Township,  100 
Highway  Commission,  State,  198 
Highway   Commissioners,    74 
Highway  Engineer,  State,  205 
Historical     Library,    Trustees    of, 

201 

Historical  Sketch,  State,  1 
Homestead  Laws,  33 
Horticultural  Society,  State,  190 
House     of     Representatives,    Na- 
tional,   118;    Adjournments,    127; 
Bills  for  Revenue,  122;  Congres- 
s  i  o  n  a  1    Apportionments,    120; 
Congressmen     at     Large,     120; 
Disabilities,     128;     Duties,     129, 
143:  Eligibility  of  Members,  119; 
Impeachment,      122;      Journals, 
127;  Meetings,  126;  Membership, 
126;    Oath,     128;     Officers,    122; 
Powers,  128,  140;  Privileges,  127; 
Quorum,    126;   Rules,    127;    Sala- 
ries,   127;    Taxes,   129,    143;    Va- 
cancies, 121;  Yeas  and  Nays,  127 
House   of   Representatives,  State, 
13-33 

I 

Illinois  and  Michigan  Canal,  187 
Illinois  Central   Railroad,  186 
Illinois  Territory,  1 


286 


INDEX 


Impeachment,  30,  122,  125 
Incorporated  Towns,  52 
Indiana  Territory,  1 
Indictment  by  Grand  Jury,  168 
Industrial  Board,  201 
Initiative,  87 
Institute,  Farmers',  183 
Institutes,  Teachers',   95 
Insurance  Superintendent,  203 
Interior,  Department  of,  163 
Interstate  Commerce  Commission, 
133 

J 

Judicial  Circuits,  171,  208,  214 

Judicial   Department,  National,  165 

Judicial  Districts,  171,  208 

Judicial  Power,  165 

Jury  Trial,  167 

Justice,  Department  of,  162 

Justices  of  the  Peace,  77 


Labor,  Commissioners  of,  197 
Labor,  Department  of,  164 
Lakes  and  Rivers  Commission,  198 
Land,  How  Described,  8 
Land,  How  Divided,  4 
Legislative  Department,  National, 

118 

Legislative  Department,  State,  13 
Lieutenant-Governor,  37 
Limitations  of  the  States,  174 
Lincoln    Homestead   Trustees,   189 
Lincoln     Monument    Commission- 
ers, 189 

Live  Stock  Commissioners,  197 
Lotteries,  32 

M 

Maps,  Illinois,  211,  212,  213,  214 

Mayor,  80 

Meridians,  Guide,  7 

Message,  President's,  156 

Militia,  110,  139 

Mine  Rescue  Station  Commission, 

196 

Miners'  Examining   Board,  195 
Mining  Board,  State,  195 


Mining   Investigation  Commission, 

196 

Ministers,  159 
Minority  Representation,  15 


N 


National  Conventions,  149 

National  Government,  116  -  179; 
Army,  138;  Congress,  118;  Ex- 
ecutive  Department,  145;  His- 
torical Sketch,  116;  House  of 
Representatives,  118;  Judicial 
Department,  165;  Legislative 
Department,  118;  Navy,  138; 
President,  145;  Senate,  123;  Su- 
preme Court,  169 

Naturalization,  134 

Navy,  Department  of,  162 

Navy,  United  States,  138 

Normal  Schools,  181 

Northwest  Territory,   1 

Notaries  Public,  115,  206 

Nurse  Examiners,  State  Board  of, 
202 


Pardons,  37,  152 

Pardons,  State  Board  of,  200 

Park  Commission,  Illinois,  201 

Patents,  137 

Personal  Rights,  166,  175,  177 

Petit  Jury,  46,  56 

Pharmacy,  Board  of,  199 

Piracy,  137 

Police  Magistrates,  82 

Policemen,  City,  83 

Population  of  Counties,  211 

Post  Office  Department,  162 

Post  Offices  and  Post  Roads,  136 

President,  The,  145;  Advisory 
Vote,  150;  Appointments,  153; 
Cabinet,  164;  Electoral  System, 
149;  Eligibility,  150;  How  Chos- 
en, 146;  Message,  156;  National 
Conventions,  149;  Oath,  152; 
Pardons,  152;  Salary,  165;  Suc- 
cession, 151;  Veto,  156 

Prevention  of  Cruelty  to  Animals, 
Officers  for,  205 

Primary  Elections,  69 


INDEX 


287 


Principal  Meridian,  4.  8 

Printer  Expert,  204 

Prison  Industries,  Board  of,  191 

Probate  Court,  62 

Public  Administrators,  206 

Public  Debt,  177 

Public  School  System,  90  -  107: 
Boards  of  Education,  105; 
Branches  of  Study,  104;  Citizen- 
ship, 105;  Compulsory  Attend- 
ance, 104;  County  Superintend- 
ent of  Public  Schools,  94;  Ex- 
amining Board,  97;  High  School 
Privileges,  104;  Origin,  90;  Re- 
lation to  State  Government,  91; 
Schedules,  104;  School  Direc- 
tors, 101;  School  Districts,  52; 
School  Funds,  91;  School  Town- 
ship,  50;  State  Superintendent 
of  Public  Instruction,  92;  Teach- 
ers' Institutes,  95;  Township 
High  Schools,  100;  Township 
Treasurer,  100;  Trustees  of 
Schools,  98 

Public  Utilities  Commission,  State, 
192 


Ranges,  9 

Recall,  88 

Referendum,  87 

Religious  Freedom,  145 

Representatives,  National,  118 

Representatives,  State,  13-33 

Reprieves,  37 
Aeview,  Board  of,  74 
•ghts,  Civil,  144,  175 
•ghts  of  the  Citizen,  107 
•ghts  of  the  States,  172 
•ghts,  Personal,  166,  175,  177 

Rivers  and  Lakes  Commission,  198 

Road  Tax,  75 


S 


ichools — Boards  of  education,  105; 
f  Branches  of  Study,  104;  Citizen- 
tf  ship,  105;  Compulsory  Attend- 
I  ance,  104;  County  Superintend- 
lent  of  Public  Schools,  94;  Exam- 


ining   Board,    97;    High    School 

.  Privileges,  104;  Origin,  90;  Re- 
lation to  State  Government,  91: 
Schedules,  104;  School  Direc- 
tors, 101;  School  Districts,  52; 
School  Funds,  91;  School  Sec- 
tions, 10;  School  Township,  50; 
State  Superintendent  of  Public 
Instruction,  92;  Teachers'  Insti- 
tutes, 95;  Township  High 
Schools,  100;  Township  Treas- 
urer, 100;  Trustees  of  Schools, 
98 

Seal  of  State,  38 

Secretary  of  State,  Illinois,  38 

Secretary  of  State,  National,  158 

Sections,  6,  10 

Senate,  State,  13-33 

Senate,  United  States,  123;  Ad- 
journment, 127;  Disabilities,  128; 
Duties,  129,  143;  Eligibility,  124; 
Journal,  127;  Meetings,  126; 
Membership,  126;  Oath,  128; 
Officers,  124;  Powers,  128,  140; 
Privileges,  127;  Quorum,  126; 
Rules,  127;  Salaries,  127;  Taxes, 
129,  143;  Trial  of  Impeachment, 
125;  Yeas  and  Nays,  127 

Senatorial  Districts,  14,  208,  213 

Sheriff,  62 

Slavery,  121,  177 

State  Boards  and  Commissions, 
111,  188 

State  Educational  Institutions, 
183 

State,  Department  of,  158 

State  Educational  Institutions, 
108,  181 

State  Government,  13-48;  Attor- 
ney-General, 41;  Auditor,  39; 
Executive  Department,  33;  Gen- 
eral Assembly,  13;  Governor,  33; 
House  of  Representatives,  13; 
Impeachment,  30;  Judicial  De- 
partment, 42;  Legislative  De- 
partment, 13;  Lieutenant-Gover-' 
nor,  37;  Secretary  of  State,  38; 
Senate,  13;  State  House,  33; 
Supreme  Court,  42;  Treasurer, 
40 

State  Legislature,  13-33 


288 


INDEX 


State  Penal  and  Reformatory  In. 
stitutions,  109 

State's  Attorney,  64 

States,  Admission  of,  175 

States,  Limitations  on,  174 

States,  Rights  of,  172 

Study,  Branches  of,  104 

Succession,  Presidential,  151 

Suffrage,  Woman,  69 

Superintendent  of  Public  Instruc- 
tion, State,  92 

Superintendent  of  Schools,  Coun- 
ty, 94 

Supervisors,  71 

Supervisors,  Board  of,  54 

Supreme  Court  of  Illinois,  42 

Supreme  Court  of  the  United 
States,  169 

Survey  of  Illinois,  9 

Survey  System,  Township,  4-12 


Taxes,  68,  129,  143 
Teachers'   Institutes,  95 
Titles  of  Nobility,  144,  175 
Town    Government,    66-78;    Asses- 
sor,   73;    Board    of    Health,    76; 
Board   of  Review,   74;    Board   of 
Town    Auditors,    76;    Clerk,    66, 
72;     Collector,     74;     Constables, 
78;    Executive    Department,    71; 
Funds,    71;    Highway    Commis- 
sioners,    74;     Judicial    Depart- 
ment, 76;  Justices  of  Peace,  77; 
Legislative      Department,       66; 
Meeting,   66,  71;   Primary  Elec- 
tions,      69;       Supervisors,       71; 
Taxes,    68;    Votes,    69;    Woman 
Suffrage,    69 
Towns,  50 
Towns,  Incorporated,   52 


Township   High   Schools,   100 
Township  Lines,  4 
Township  Organization,  51 
Township,  School,  50 
Township  Survey  System,  4,   12 
Township   Treasurer,   100 
Townships,  8,  49 
Townships,  Congressional,  5,  49 
Treason,  168 
Treasurer,  State,  40 
Treasury   Department,  160 
Treaties,  153 
Trial  by  Jury,  167 
Trustees  of  Schools,  98 
Trustees  of  Villages,  83 

U 
University  of    Illinois,   182 


Veto,  Governor's,  26 
Veto,  President's,     56 
Veterinarian,   State,   204 
Village  and  City  Government,  70- 

83 

Villages,  53,  83 
Voters,  69 
Voters,  Duties  of.  106 

W 

Wardens,  193 
War,  Department  of,  161 
War,  Power  to  Declare,  137 
Weigh-Masters,   State,   194 
Weights  and   Measures,  136 
Woman  Suffrage,  69 


Yeas  and  Nays,  23,  12? 


UNIVERSITY  OF  ILLINOIS-URBANA 


ILLINOIS  AND  THE  NATION  49TH  ED.  CHICA 


